LI Network
Published on: 21 September 2023 at 15:03 IST
The Bombay High Court has granted bail to Dipak Patil, a murder suspect facing charges related to his alleged leadership of a gang and accused under the stringent Maharashtra Control of Organised Crime Act (MCOCA). The extended delay in the trial process has resulted in charges being framed only after a nine-year period.
Also Read: What are the Conditions to Get bail in India? – Law Insider India
According to the prosecution’s case, six individuals, with Patil were identified as the primary assailant, were implicated in the murder of a man in 2014. Reports suggested that Patil had been contracted to carry out the killing due to a personal dispute involving the victim’s wife and her past relationship. Two eyewitnesses, who provided statements to the Karad police in Satara district, claimed to have witnessed Patil firing at the victim.
Despite the prolonged period of incarceration, Patil’s bail request faced opposition from the prosecution, citing the gravity of the crime and Patil’s criminal record, which included involvement in nine separate cases.
Patil’s legal representative, Aniket Nikam, underscored the extended period of his client’s detention, highlighting that Patil had been in custody since August 19, 2014, which amounted to over nine years.
Nikam argued, “Charges have been framed, and the prosecution plans to call approximately 90 witnesses, possibly more.” He contended that there were valid grounds for his client’s release on bail.
In response, the prosecution referred to Section 21(4) of MCOCA, which stipulates that bail can only be granted when the court has reasonable grounds to believe the accused is innocent and unlikely to commit further offenses. They presented evidence of Patil’s history of violent acts, including a prison altercation four years ago involving Patil and five other inmates.
However, Justice MS Karnik expressed the view that the prison fight alone should not be a sufficient reason to deny Patil’s bail request. Citing Nikam’s arguments, he noted that Patil had been acquitted in four out of nine cases.
The prosecution countered by claiming that these acquittals occurred due to alleged witness intimidation by Patil.
Nonetheless, the court acknowledged Nikam’s assertion that Patil had no prior convictions related to similar offenses committed by other gang members. Consequently, Justice Karnik ruled, “Considering the prolonged incarceration period of over nine years and the slow progress of the trial with approximately 90 witnesses yet to be examined, Patil can be granted bail.” However, the release comes with stringent conditions to balance Patil’s personal liberty with societal interests. Notably, Patil will be prohibited from entering Maharashtra except for court appearances related to his ongoing cases.