Bombay High Court
Deepak Kailas More vs The State Of Maharashtra on 6 October, 2022
Author: Bharati Dangre
Bench: Bharati Dangre
1 915.BA 3052-21.doc
Prajakta Vartak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3052 OF 2021
Deepak Kailas More .. Applicant
Vs.
The State of Maharashtra .. Respondent
Mr. Satyavant Joshi for the applicant.
Smt. Veera Shinde APP for the State.
Shri. Dhyaneshwar Kokate, PSI Tulinj Police Station.
CORAM : BHARATI DANGRE, J.
DATE : OCTOBER 06, 2022.
P.C.:
1. The applicant is languished in jail on being arrested on 05
September, 2020 in connection with the subject C.R. registered with
Tulinj Police Station on the very same day. The said C.R. invoke Sections
302, 364, 143, 147, 148, 149 of the IPC and Sections 3 and 25 of the
Indian Arms Act.
The applicant was arraigned as accused no.1 along with four other
accused persons. The prosecution allege that complainant Kajal is a
transgender and she was residing with one Saddam Sayyed in live-in-
relationship. It is alleged that there was some animosity between the
present applicant and Saddam and when on 05 September, 2020 Kajal's
partner did not return home, she lodged a complaint expressing
suspicion that the applicant is responsible for the act of Saddam being
kidnapped and of eliminating him. She relied upon statement of one
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Nitin Yadav who, in turn, informed her that he had accompanied
Saddam Bhai to Nallasopara at 12.15 hrs. on 05 September, 2020 and
when they were having dinner, some persons who arrived on the spot
from two rickshaws, assaulted him and had abducted him. Similar is the
statement of one Mr. Kishor Karekar and one Mohd. Shaikh where
reference is made to 5 to 6 persons arriving in two rickshaws. Mr.
Kishor Karekar in his statement referred to the rickshaw number in
which the kidnappers had arrived and the rickshaw belonged to father-
in-law of the applicant, whose statement also came to be recorded.
Recovery of the rickshaw is attributed to the present applicant by
drawing memorandum of panchanama.
Learned APP rely upon an extra judicial confession which is
compiled in the chargesheet. However it is settled law that it cannot be
accepted as conclusive evidence without any corroboration, though it is
open for the prosecution to rely upon the same at the time of the trial.
2. When particularly asked as to whether three persons on whose
statements the prosecution rests its case of kidnapping the deceased and
succumbing him to death, have identified the present applicant, answer
is in the negative. In absence of the applicant being specifically
identified as one of the kidnappers, as per the eye witnesses, the
applicant deserve his release on bail, though he has to take the
consequences of the accusation, when he will face the trial. However, his
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incarceration cannot be further continued when charge-sheet is filed and
the case of the prosecution is based on scratchy material.
3. The observations as made above are prima-facie in nature and are
restricted for adjudication of the present application and the learned
trial judge shall not be influenced by the observations when the accused
persons are being tried on charge. Hence the following order:-
ORDER
(a) Application is allowed.
(b) Applicant - Deepak Kailas More shall be released on bail
in connection with C.R.No. 763 of 2020 registered with Tulinj Police Station on furnishing P.R. Bond to the extent of Rs.25,000/- with one or two sureties in the like amount.
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.
(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
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