A Dindoshi Sessions Court of Borivali Division has granted bail to two accused junior engineers, who, as per the police report, have conspired and hired contract killers to eliminate executive engineer Deepak Khambit. All the three have been employees of Mira Bhayandar Municipal Corporation. There are total five accused in the case.
The Dinoshi Sessions Court’s Additional Sessions Judge A Z Khan has passed an order on March 24, 2022 in Court Room No. 15. He said that considering the submissions that the charge sheet has already been filed, there is no requirement to keep both the accused in judicial custody for the purpose of investigation.
I am of the view that this is the fit case in which both the accused can be released on bail by invoking the provision laid down u/s 439 of The Cr.P.C & thus I proceed to pass the following order.
Prosecution’s arguement
“No doubt, there is no direct evidence or material against the present accused. However, the case of the prosecution is based on the circumstantial evidence against the accused,” said Adv. Prasanna Shahne, who appeared for Deshmukh.
The prosecution contended: The Investigation Officer seized the Car involved in the crime at the instance of the accused. However, the statement of the accused to the police is not admitted in law. The Car which have been seized has not been used in the alleged Crime by any of the accused. “Therefore, there is very weak type of circumstances to show that the accused are involved in the present crime. Mere dispute between the accused about their promotion or payment cannot be linked to the conspiracy. There are other 12 Engineers also grievances in respect of the promotion against the complainant Deepak Khambit,” said Adv. Shahne.
Court’s point while granting bail
Both have been in judicial custody since October, 2021, the court noted.
Considering the custody period of the accused persons the bail applications are allowed.
Additional Sessions Judge A K Khan granted bail to Yashwant Deshmukh(49) and Shrikrishna Mohite(46) asking them to furnish a personal bond of Rs 25,000 each and a surety bond of the same amount.
The accused shall not temper with the witnesses in any manner. The accused shall not leave India without the permission of the Court.
Adv. Shri Passbola appeared in the court for Mohite while Adv. Chandan Jaiswal represented complainant and victim Deepak Khambit. Miss Geeta Godambe, who appeared to represent the state government as additional Public Prosecutor in the case.
According to the Kasturba Marg Police’s present FIR; Police have booked five accused under sections 307, 324, 120-B, 201 and 34 of the IPC. Police has charged them with section 25(3) & 27 of the Arms Act and 37(1) (A) & 135 of The Mumbai Police Act. As per the allegation, the accused persons have hired contract killers through one Raju Vishwakarma. The assailant fired a shot at the car of the complainant Deepak Khambit near Flyover in Borivali. The incident took place on 29th September last year.
