Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(Bom) 8144

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 316 OF 2024

Sunil Dharma Mane

R/o. A-2101, Abrol Vastu Park,

Evershine Nagar, Malad (W),

Mumbai – 400 064

Currently lodged at Taloja Central

Prison, Navi Mumbai .. Appellant

Vs.

1. National Investigating Agency,

7th Floor, MTNL Telephone

Exchange Building, Pedder Road,

Cumballa Hill,

Mumbai – 400 026

2. The State of Maharashtra .. Respondents

Mr. Ashok P. Mundargi, Senior Counsel a/w Mr. Shailesh Kantharia, Mr. Naghdeep Oak for the appellant

Mrs. Kranti T. Hiwrale, APP for the respondent – State

Mr. Sandesh Patil, Special P.P. a/w Mr. Chintan Shan, Mr. Prithviraj Gole, Mr. Krishnakant Deshmukh, Mr. Shubhankar Kulkarni for the respondent no.1 – NIA

Mr. Pravin Ingawale, SP NIA, Mumbai present

Mr. Pradip Bhale, Dy.S.P., NIA, Mumbai present

Mr. Nitin Pawar, Head Constable, NIA, Mumbai present

CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, J.J.

CLOSED ON : 18th OCTOBER, 2024

PRONOUNCED ON: 18th NOVEMBER, 2024

Advocates:
For the Appellants/Petitioners: Ashok P. Mundargi, Shailesh Kantharia, Naghdeep Oak
For the Respondents: Kranti T. Hiwrale, Sandesh Patil, Chintan Shan, Prithviraj Gole, Krishnakant Deshmukh, Shubhankar Kulkarni, Pravin Ingawale, Pradip Bhale, Nitin Pawar

In bail applications involving scheduled offences, the court must assess whether the accusation is prima facie true based on the cumulative material. A detailed trial-like assessment of evidence or specific forensic defences is inappropriate; the focus remains on the gravity of the offence and potential for witness obstruction.

Headnote:(A) National Investigation Agency Act, 2008 - Section 21 - Unlawful Activities (Prevention) Act, 1967 - Criminal conspiracy - Murder - Bail - Appeal against rejection of bail - Degree of satisfaction to be recorded for opining whether accusations are prima facie true is lighter than that required for discharge - Court must evaluate the overall material placing before it - At bail stage, detailed mini-trial or evaluation of forensic defence arguments is not permissible - The court must consider the gravity of the offence and the potential of witness tampering. (Paras 14, 22, 29)

(B) Appeal - Scope and ambit - Appellate jurisdiction under stringent specific legislative acts requires the court to restrict its scrutiny to ensure no perversity or illegality in the lower court’s reasoning - An order of detention pending trial is not to be interfered with simply if another view is possible. (Paras 30, 31)

Facts of the case:
The appellant, a police officer, challenged the rejection of his bail application by the trial court in a matter concerning a criminal conspiracy to commit murder and acts striking fear in the public. The prosecution alleged that the appellant, along with co-conspirators, lured the victim under false pretences and actively facilitated the commission of the offence. The case against the appellant was built upon witness statements, call detail records, technical tower locations, and electronic evidence regarding the coordination of the crime and subsequent destruction of evidence.

Findings of Court:
The court observed that the charges involved serious offences under the governing special legislation. The material placed on record, including the nexus between the appellant and his co-accused, established a prima facie case. The court noted that the appellant's position as a law enforcement official, coupled with the nature of the conspiracy, presented a substantial risk of witness tampering, thereby justifying the continued detention.

Issues: The main issues were whether the evidence sufficed to form a prima facie conclusion regarding the appellant's involvement in the conspiracy and whether the trial court’s rejection of bail was legally sound given the stringent bail conditions applicable to the alleged offences.

Ratio Decidendi: The court held that where a conspiracy is well-hatched and points towards the commission of grave offences, the court must be satisfied that there are reasonable grounds for believing the accusation is prima facie true. Given the extensive evidentiary link and the gravity of the conspiracy, the appellant failed to satisfy the criteria for release, and the appellate court should not substitute its view for that of the trial court at the bail stage.

Result: Appeal dismissed.

JUDGMENT :- (Per Prithviraj K. Chavan, J.)

1. Feeling aggrieved with and dis-satisfied by the rejection of an application for bail, the applicant has preferred this Appeal under Section 21 of the National Investigation Agency Act, 2008 (For short ‘NIA Act’).

2. Facts germane for disposal of the present appeal are summarized as follows.

3. The appellant is a Senior Inspector of Police, who was posted at Kandivali Crime Branch. He is the fifth accused out of the ten accused presently chargesheeted in the case. The appellant came to be arrested on 23.04.2021.

4. FIR No. 47 of 2021 (Theft FIR) was registered by one Mansukh Hiran (victim) at Vikhroli Police Station, Mumbai on 18.02.2021 for the offence punishable under Section 379 of the I.P.C. as his Mahindra Scorpio vehicle was stolen by someone. The said FIR was transferred for further investigation to D.C.B. C.I.D., Crime Branch on 26.02.2021 and came to be re-numbered as 41 of 2021.

5. On 07.03.2021, the Anti Terrorist Squad (ATS), Maharashtra took over the said investigation and re-numbered the said FIR as 11 of 2021. The investigation of the said FIR was handed over to the ATS, Vikhroli Unit.

6. Meanwhile, another FIR bearing No. 35 of 2021 (Explosives FIR) dated 25.02.2021 came to be registered at Gamdevi Police Station, Mumbai for the alleged offences under Sections 286, 465, 473, 506 (2) and 120B of the IPC as well as under Section 4(a)(b)(i) of the Explosive Substances Act, 1908 after the concerned police station found 20 gelatin sticks in an abandoned vehicle parked opposite Shikhar Kunj Building on Carmichael Road, Mumbai, near the house of an Industrialist. The FIR was transferred to Crime Branch, Mumbai and re-numbered as 40 of 2021.

7. On 05.03.2021, the dead body of Mr. Mansukh Hiran was found in Mumbra Creek. Pursuant thereto, an ADR bearing No. 39 of 2021 was registered by Mumbra Police. Simultaneously, during the pendency of the Explosives FIR, ATS Maharashtra filed a fresh FIR No. 12 of 2021 on 07.03.2021 for the offences punishable under Sections 302, 201, 34 r/w 120B of the IPC against unknown persons in view of death of deceased Mansukh Hiran and the same was investigated by the ATS.

8. Subsequently, the Government of India vide an order dated 21.05.2021 directed National Investigation Agency (NIA) to take up the investigation of Theft FIR, bearing No. 47 of 2021 originally registered with Vikhroli Police Station, Mumbai. Again, by an order dated 08.03.2021 passed by the Government of India, NIA took over the investigation of the original FIR No. 35 of 2021 registered with Gamdevi Police Station, Mumbai. Accordingly, NIA re-numbered it as FIR No. RC-01/2021/NIA/Mum for the offences punishable under Sections 286, 465, 506(2) and 120B of the IPC r/w Section 4(a)(b)(i) of the Explosive Substances Act, 1908. Subsequently, at the request of NIA, Government of India, by an order dated 20.03.2021, expanded the scope of earlier order thereby permitting the NIA to investigate the murder of the deceased purportedly being connected with the offence registered under the Explosive Substances Act.

9. In FIR 35 of 2021 registered with Gamdevi Police Station on 25.02.2021 under Sections 286, 465, 473, 506(2) & 120B of the IPC as well as under Section 4(a)(b)(i) of the Explosive Substances Act as against unknown persons, 20 gelatin sticks were found inside the Mahindra Scorpio vehicle, in a blue coloured backpack having a logo of ‘Mumbai Indians IPL’ alongwith a threat note purported to be addressed to the industrialist and his wife (The wife of the industrialist is also an owner of Mumbai Indian IPL team). The said backpack was found in the same Mahindra Scorpio vehicle, in relation to which, an FIR of theft was registered by the deceased Mansukh Hiran. It is alleged that the vehicle was affixed with a fake Number Plate, which was parked outside Shikhar Kunj Building, Carmichael Road, Mumbai. Following 10 accused have been chargesheeted by the NIA in its final report under

Click Here to Read the rest of this document

2024 Supreme(Online)(Bom) 8144

Cases Referred (1)