Court emphasizes gravity of offense and rejects parity plea; directs CBI to expedite investigation
In a significant ruling, the Bombay High Court has denied bail to Sunil @ Satya Shantaram Dalvi and others involved in a brutal mob lynching incident in the Palghar district during the COVID-19 lockdown. The judgment, delivered by Justice Neela Gokhale, highlights the serious nature of the offenses, including murder, assault on police personnel, and mob violence, which resulted in the death of three individuals.
The case pertains to an incident in April 2020, where a group of villagers attacked a vehicle, mistaking its occupants for child abductors. Despite their pleas of innocence and intentions to attend a funeral, the mob assaulted the victims, leading to fatal injuries. The attack also involved stone-pelting at police personnel attempting to rescue the victims, further escalating the violence.
The court meticulously examined the role of the applicants, noting that their actions were captured on CCTV and supported by witness statements. The applicants were charged with overt acts of violence, including assaulting the deceased with sticks and stones, and inciting the crowd against the police. In contrast, bail was granted to certain co-accused who lacked evidence of direct involvement in the violence.
Advocate Sachin Ramrao Pawar, representing the applicants, argued for bail on grounds of parity with co-accused and long incarceration. However, the court rejected these arguments, emphasizing that parity cannot be applied when the roles and evidence differ significantly. Justice Gokhale underscored the importance of balancing individual liberty against public interest, stating that the gravity of the offense warranted continued detention.
In light of the recent transfer of the investigation to the Central Bureau of Investigation (CBI), the court directed the agency to expedite its probe and file a report with the trial court. The applicants were granted the option to renew their bail plea post-investigation completion. This judgment underscores the judiciary's stance on ensuring justice in cases involving severe offenses and societal impact.
Bottom Line:
Bail application under serious charges including mob lynching and murder - Principle of parity in granting bail discussed - Long incarceration not sufficient ground for bail when overt acts and serious offences are evident from the evidence and material on record.
Statutory provision(s): Sections 302, 307, 353, 332, 333, 341, 427, 147, 148, 149 of the IPC, Sections 3 and 5 of the Prevention of Damage to Public Property Act, 1984, Sections 51(B), 52, and 54 of the Disaster Management Act, 2005, Sections 2, 3, 4, and 5 of the Epidemic Disease Act, 1897, Sections 135 read with Sections 37(1) and (3) of the Maharashtra Police Act, 1951.
Sunil @ Satya Shantaram Dalvi v. State of Maharashtra, (Bombay) : Law Finder Doc Id # 2826198
