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HC grants bail to accused in diamond merchant Udani kidnapping, murder case

Jan 19, 2025 07:10 AM IST

Bombay High Court grants bail to Mahesh Bhoir in Rajeshwar Udani murder case, citing lengthy pre-trial detention and right to a speedy trial.

MUMBAI: The Bombay High Court on Tuesday granted bail to Mahesh Bhoir, who was arrested in connection with the high-profile kidnapping and murder of Ghatkopar-based diamond merchant Rajeshwar Udani in which an aspiring actress was used as honey-trap to lure him.

HC grants bail to accused in diamond merchant Udani kidnapping, murder case
HC grants bail to accused in diamond merchant Udani kidnapping, murder case

The diamond merchant, Rajeshwar Udani, was reported missing on November 28, 2018. Ten days later, his body was found in the bushes in a hilly area close to Dehrang dam in Panvel. Investigations revealed Udani was lured by a group led by Sachin Pawar, a political party worker, after which he was kidnapped from Vikhroli and killed. The motive behind the murder is alleged to be Udani’s proximity to Sachin’s girlfriend, an aspiring actress. Sachin was arrested in the case, along with Mahesh Bhoir, Shaista Khan, Nikhat Khan, and Dinesh Pawar.

Bhoir applied for bail primarily on the grounds of his long pre-trial incarceration. His counsel pointed out that he was arrested on December 10, 2018, and has thus suffered incarceration for over six years. He also added that although the charge was framed on May 9, 2024, the prosecution intends to examine around 180 of the 204 witnesses cited in the charge-sheet filed in the case, so the trial is not likely to conclude in a reasonable period.

An assistant public prosecutor contended that long incarceration cannot be a ground for grant of bail, especially when the Supreme Court has laid down that court should not ordinarily entertain bail applications in serious offences like kidnapping, murder, rape, and dacoity, where trial has already commenced. In this case, the prosecutor said, as charges have already been framed, the trial is slated to commence soon and therefore the court should not show any indulgence.

Justice Manish Pitale, however, refused to accept the argument. The judge noted that in its recent judgements, the Supreme Court has categorically held that seriousness of the offences cannot be a ground to deny bail to an accused who has suffered long incarceration and where there is hardly any possibility of the trial being completed within reasonable time.

“The emphasis is on the right of the accused for speedy trial as a facet of right to life under Article 21 of the Constitution of India,” said justice Pitale and ordered Bhoir to be released on bail upon furnishing personal bond of 50,000 and one or two sureties in the same amount, with usual conditions. The court has also clarified that violation of any of the conditions would result in cancellation of the bail order.

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