Court emphasizes gravity of offense and distinct role of accused in denying bail to Rajesh Dhakal Rao
In a significant ruling, the Bombay High Court has dismissed the bail application of Rajesh Dhakal Rao, accused in a gruesome mob lynching incident in Palghar district that led to the death of three individuals. The court, presided over by Dr. Neela Gokhale, J., emphasized the gravity of the offense and the distinct role played by the accused, which disqualifies him from bail on the grounds of parity with co-accused.
The incident occurred on the night of April 14, 2020, when a mob of 400 to 500 villagers attacked a vehicle, mistakenly believing its occupants were child abductors. Despite police intervention, the mob violently assaulted the three passengers, who succumbed to their injuries. Rajesh Dhakal Rao is accused of actively participating in the attack, wielding an iron axe and inciting the mob, actions captured on CCTV and corroborated by witness testimonies.
The court dismissed Rao's plea for bail based on two primary arguments: the principle of parity and long incarceration. Dr. Gokhale clarified that parity cannot be the sole basis for granting bail, particularly when the accused’s role and the gravity of the offense are significantly distinct from those enlarged on bail. Moreover, the court noted that while Rao has been in custody for five-and-a-half years, the seriousness of the charges, including murder and mob lynching, outweighs the argument of prolonged incarceration.
The court's decision underscores the legal principle that bail cannot be granted merely on the basis of parity, especially in cases involving severe offenses. It further highlights the need to balance individual liberty with societal interest, noting the potential for evidence tampering and the necessity for Rao to face trial.
As the investigation is now under the Central Bureau of Investigation (CBI), the court has directed the agency to expedite its proceedings and file a report with the trial court. Rao retains the option to renew his bail application following the completion of the investigation.
Bottom Line:
Bail Application - Principle of parity cannot be the sole ground for granting bail; role of accused, gravity of the offence, and material evidence must be considered.
Statutory provision(s):
- Indian Penal Code, 1860: Sections 302, 307, 353, 332, 333, 341, 427, 147, 148, 149, 120B, 109, 117, 143, 144, 145, 152, 153, 188, 201, 269, 270, 271, 290, 342, 505(2) read with Section 34
- Prevention of Damage to Public Property Act, 1984: Sections 3 and 5
- Disaster Management Act, 2005: Sections 51(B), 52, and 54
- Epidemic Disease Act, 1897: Sections 2, 3, 4, and 5
- Maharashtra Police Act, 1951: Sections 135 read with Section 37 (1) and (3)
The Bombay High Court's judgment reflects the judiciary's stance on maintaining the integrity of legal proceedings while upholding the principles of justice in cases of serious criminal offenses.
Rajesh Dhakal Rao v. State of Maharashtra, (Bombay) : Law Finder Doc Id # 2826186
