Sufficient Material To Indicate His Involvement: Bombay HC Denies Bail To Former Police Officer In Mansukh Hiran Murder Case

The Bombay High Court has refused to grant bail to Sunil Mane, former police officer in the murder case of businessman Mansukh Hiran.

The Court was deciding a Criminal Appeal filed by the accused against the rejection of his Application for Bail.

A Division Bench of Justice Revati Mohite Dere and Justice Prithviraj K. Chavan said, “Considering the entire material on record, ignoring the statement of the then Commissioner of Police, prima facie, there is sufficient material to indicate involvement and complicity of the appellant in the murder of deceased Mansukh Hiran. The possibility of the appellant being the Police Officer having well connected with higher cops, tampering with the witnesses cannot be ruled out. As already stated, the offences are quite serious, including the offences under the stringent provisions of UAP Act.”

Senior Advocate Ashok P. Mundargi appeared for the Appellant while Special Public Prosecutor (SPP) Sandesh Patil appeared for the Respondents.

Brief Facts -

The Appellant was a Senior Inspector of Police, who was posted at Kandivali Crime Branch and he was the fifth accused out of the ten accused. He was arrested in April 2021. An FIR was registered by Mansukh Hiran for the offence punishable under Section 379 of the Indian Penal Code (IPC) as his vehicle was stolen by someone. The said FIR was transferred for further investigation to CID (Criminal Investigation Department). Thereafter, an Anti-Terrorist Squad (ATS) took over the investigation. Meanwhile, another FIR was registered for the alleged offences under Sections 286, 465, 473, 506 (2), and 120B of the IPC as well as under Section 4(a)(b)(i) of the Explosive Substances Act, 1908 after the concerned police station found 20 gelatin sticks in an abandoned vehicle near the house of an Industrialist.

Subsequently, the dead body of Mansukh Hiran was found in Mumbra Creek and hence, the FIR was registered against the unknown persons. Thereafter, the National Investigation Agency (NIA) took over the investigation. 20 gelatin sticks were found inside the vehicle, in a blue coloured backpack having a logo of ‘Mumbai Indians IPL’ along with a threat note purported to be addressed to the Industrialist (Mukesh Ambani) and his wife (Nita Ambani). The backpack was found the in the same vehicle in relation to which the FIR was registered by the deceased. Accordingly, the Appellant was chargesheeted and the investigation was not completed.

The High Court in view of the facts and circumstances of the case, noted, “Having gone through the statement of Mr. Parambir Singh in context with the other material on record, including the statements of the protected witnesses, if juxtaposed, would prima facie point out as to how the manner in which, a preplanned and larger conspiracy was hatched to eliminate deceased Mansukh Hiran. We are informed that investigation under Section 173(8) of the Cr.P.C. is going on. We hope and trust that the NIA will take the said investigation to its logical end expeditiously and ensure that justice is done to the deceased’s family.”

The Court observed that, it would not at all be just and proper to release the Appellant on bail, which would frustrate the trial and that the Appellant had tendered pardon in his own handwriting before the Special Court, NIA, Mumbai thereby expressly admitting his guilt.

“We are informed that the appellant withdrew the said application seeking pardon. … The Criminal Appeal No. 1266 of 2022 preferred by the appellant against an order dated 10.11.2022 passed by the Special Court rejecting his application for discharge, has also been dismissed by this Court for want of prosecution on 03.10.2024”, it added.

The Court concluded that the law of parity would not be applied in the case in view of the decision of the Supreme Court in the case of Tarun Kumar v. Assistant Director, Directorate of Enforcement (2023) especially when a specific role appears to have been played by the Appellant as a co-conspirator.

Accordingly, the High Court dismissed the Appeal and denied bail to the accused.

Cause Title- Sunil Dharma Mane v. National Investigating Agency & Anr. (Neutral Citation: 2024:BHC-AS:43860-DB)

Appearance:

Appellant: Senior Advocate Ashok P. Mundargi, Advocates Shailesh Kantharia, and Naghdeep Oak.

Respondents: APP Kranti T. Hiwrale, SPP Sandesh Patil, Advocates Chintan Shan, Prithviraj Gole, Krishnakant Deshmukh, and Shubhankar Kulkarni.

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