Mumbai, February 8, 2022 – The Sessions Court for Greater Mumbai has rejected the bail applications of Rohit Rajesh Mahalunghe and Akash Atmaram Suryavanshi, accused in a murder case. Additional Sessions Judge B.V. Wagh, presiding over Court Room No. 24, denied the bail applications (Criminal Bail Application No. 103 of 2022), citing eye-witness testimony and the severity of injuries inflicted on the deceased.

Mahalunghe and Suryavanshi were arrested in connection with C.R. No. 366/2021, registered at Wadala T.T. Police Station, for offenses under sections 302 (murder) and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).¹

The Allegations and FIR:

According to the prosecution, on October 24, 2021, at around 9:45 PM, Kasim Shaikh (the deceased) had a quarrel with accused No. 1, Sagar, regarding the latter breaking a television set. The deceased informed the complainant and his friends about the dispute. Later, they received information that the deceased had been injured and was lying in a pool of blood near Riddhi Siddhi Society, Pratiksha Nagar, Sion. While being taken to the hospital, the deceased stated that accused No. 1 had attacked him with a knife.

Defense Arguments:

Mahalunghe and Suryavanshi, through their advocate Ganesh Iyer, argued that they were innocent and falsely implicated. They claimed that the FIR did not mention their names or specific actions. They also argued that the deceased had a criminal record with eight cases against him, that the investigation was complete, and that their further detention was unnecessary.

Prosecution’s Objections:

The prosecution, represented by APP Jyotsana Gawali, opposed the bail applications. They argued that the applicants had participated in the crime, that eye-witness statements implicated them, and that there was prima facie evidence against them.

Court’s Analysis and Decision:

Judge Wagh, after reviewing the charge sheet and hearing arguments, made the following observations:

• Eye-Witness Testimony: The court noted that the statement of eye-witness Lavkush Tiwari implicated the applicants, along with accused No. 1, in assaulting the deceased.
• Role of Applicants: The court found that Mahalunghe had assaulted the deceased with a rod, while Suryavanshi had assaulted him with fists and kicks.
• Severity of Injuries: The court highlighted the post-mortem report, which revealed 21 injuries, including 11 abrasions and incised wounds on vital parts of the deceased’s body.
• Common Intention: The court concluded that the applicants shared a common intention with accused No. 1 to kill the deceased.
• Prima Facie Involvement: The court found prima facie evidence of the applicants’ involvement in the crime.

Judge Wagh concluded that, given the seriousness of the crime and the applicants’ prima facie involvement, they were not entitled to bail.

Significance of the Order:

This order highlights the court’s emphasis on:

• Eye-Witness Testimony: The court gave significant weight to the eye-witness testimony.
• Severity of Injuries: The court considered the severity of the injuries inflicted on the deceased.
• Common Intention: The court considered the common intention of the accused in committing the crime.
• Prima Facie Involvement: The court considered if there was a prima facie case against the accused.

This ruling underscores the court’s cautious approach in granting bail in murder cases, particularly when there is strong eye-witness testimony and evidence of severe injuries.