Bombay High Court grants bail to 10 accused in Palgarh Sadhus lynching case
Justice Bharti Dangre of Bombay High Court has granted to bail to 10 accused in the Palgarh Sadhu lynching case. 18 of the 126 accused had sought for a bail from the Bombay High Court which went into the offences committed by each person in order to ascertain whether they should be granted bail.
The 18 accused had applied for bail through 4 different proceedings on the common ground that the prosecution has not been able to compile cogent and reliable evidence against them in the charge-sheet.
According to the order, the accused argued that the case of the Government being that a mob of 400 to 500 villagers were present at the spot, on the date of the incident violating the lockdown norms the mob lynched three persons and even attacked the police, the accused raised apprehension as to how they will be identified given the size of the mob.
The accused argued that the charge-sheet of the Police is voluminous, running into 12000 pages and the investigation into the offence conducted by the local CID, is in no way, sufficient to implicate the applicants for the offences with which they are charged. The accused further argued that without any sufficient evidence, about their active participation in the assault, which led to the death of the three persons, the applicants cannot be held guilty of any conspiracy .
It was argued that the State has collected evidence in the form of Call Data Records of all the arrested persons to establish that they were present at the spot where the crime took place. It was argued that that in the vicinity of Gadchinche and other adjoining area, there is only one mobile tower hence it is natural to get the same location of any person within the range of 40 kms.
According to the order Satish Manshinde, Special Public Prosecutor appearing for the State, argued that the incident is a serious one when on 14/04/2020, while the lockdown was enforced in Palghar District, at around 10.00 p.m. – 10.30 p.m., a group of villagers has attacked a private vehicle. Manshinde further argued that the mob overturned a white Eco vehicle owing to which three passengers were trapped inside. It was argued that these three persons revealed their identity and informed the mob they were residents of Nashik and were proceeding for funeral of their Guru.
Manshinde submitted that despite this they were intercepted by the villagers at Gadchinche, and were assaulted. They were attacked with wooden sticks, rods and stones. It was argued by Maneshinde that the mob turned violent and even started hurling stones at the police van and the incident took a serious turn and the police had to resort to fire in air to disperse the unruly crowed. He submitted that the investigation was initially conducted by Kasa Police Station, but later on, handed over to the State Crime Branch. He further submitted that with the assistance of several villagers, the persons were identified and arrested and, on completion of investigation, the charge-sheet has been filed against 126 arrested accused.
He further argued that the evidence against the persons seeking bail is their identification by the witnesses in the CCTV footages and also the CCTV evidence, where the accused have identified themselves and a static photo taken out of the video clip, was forwarded to the Forensic Science Laboratory (FSL), which submitted it’s report, establishing the identity of the accused persons.
The court was also presented with a chart detailing the crime that are alleged to have been committed by each accused. The court while granting bail to some persons noted that these persons are not attributed any overt act of assault, despite them carrying some weapon. The court noted that the witnesses have only spoken about the presence of the said accused persons. The court further took notice of the fact that submited that the applicants are the tribals/aadivasis and it is not uncommon for them to carry a stick/bamboo in their hands and particularly in late night hours, if they are required to move in the village/their hamlet.
The court while dismissing the bail plea of some persons noted that the evidence collated in the charge-sheet specified the overt act by each of them and their actual participation. The court further noted that one accused was charged of hitting the deceased Sadhu, while in police van and he is also seen throwing stones at the deceased Sadhu. The court also noted that another accused was identified to be a part of the mob and had a weapon with him and he has actually participated in the crime. Thus the court considered the actual crimes committed by every individual before granting or denying bail. The court while denying bail denying bail to two of the accused court noted that CCTV footage revealed that the lynched Sadhu was assaulted while he was in the police van till a point of time, he fell on the ground.
The court granted bail to some accused on the ground that the evidence against them in the charge-sheet is to the effect that they have been identified / spotted on the CCTV footage and are accused of being a part of the mob with some weapons, but since no overt act is attributed to them and particularly, now when the investigation is complete, their custody is not warranted and they are entitled to be released on bail.
While granting the bail, the court noted directed the accused to execute a P.R. bond for a sum of Rs.25,000/- each and furnish one or two surety in the like amount. The court further held that the accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case and shall not tamper with prosecution evidence.
The court further held that the accused should attend the trial regularly. In case they are absent for two consecutive hearings in the sessions trial, it would lead the prosecution or the Special Court to take out proceedings for cancellation of the bail.
Case title: Rajal Mahadu Gurud Vs State of Maharashtra