Murder accused re-arrested in dacoity case after bail on technical grounds

Lokmat News Network

Chhatrapati Sambhajinagar:

Five accused in the Mukundwadi murder case, who were granted bail within nine hours on technical grounds, were re-arrested the same evening in connection with a robbery case registered under Satara police station limits.

Murder incident and arrest

A group of 5–6 individuals attacked three men with sharp weapons near the Mukundwadi bus stop on Thursday evening around 7.45 pm. In the brutal assault, 30-year-old Nitin Sankpal was killed on the spot, while his two companions, Sachin Sankpal and Datta Jadhav, sustained critical injuries. Following a complaint lodged by the injured Datta Jadhav, the MIDC Cidco police registered an FIR under sections of murder, attempt to murder, and provisions of the SC/ST (Prevention of Atrocities) Act. By 6.01 am on Friday, a joint team of the MIDC police and the crime branch apprehended six suspects five adults and one juvenile. The minor was sent to a correction home.

Bail granted on technical grounds

The five adult accused Mastan alias Nanna Qureshi (29, Indiranagar, Mukundwadi), Sameer Khan (19, Galli No. 11, Misarwadi), Babar Sheikh (32, Machhi Market, Mukundwadi), Sajid alias Sajju Qureshi (29, Galli No. 1, Ambikanagar, Mukundwadi), and Nasir Khan (20, Mukundwadi) were produced before the SC/ST Special Court at 4.30 pm on Friday. Despite strong objections from the prosecution, which cited the need for recovery of weapons, forensic analysis, investigation of motive and conspiracy, and collection of digital evidence, the court granted conditional bail within nine hours of their arrest. The defence pointed out that the accused were not informed in writing about the grounds of arrest a procedural lapse under Supreme Court guidelines. Citing the Prabir Purkayastha vs. GNCT of Delhi case, the defence argued that the arrest violated legal norms. As a result, Special Judge A.R. Ubale granted each accused bail on a personal bond and surety of Rs 25,000.

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Prosecution’s argument

The prosecution had strongly opposed the bail, arguing that the police needed time for custodial interrogation to recover weapons and blood-stained clothes, which were yet to be sent for forensic analysis. They also stressed the importance of probing whether the attack was premeditated, and whether others aided or incited the crime. The investigation team was also tracing mobile phones, active SIM cards, and the getaway route. On these grounds, a seven-day police custody remand had been sought.

Why the arrest was termed illegal

Defence counsel Adv. Azhar Sheikh argued that neither the accused nor their families were informed in writing about the reason for arrest a mandatory requirement under Supreme Court guidelines. The absence of such an entry in the police station diary rendered the arrest procedurally illegal, the defence claimed.

Legal precedent cited

The court took note of the defence's reference to Prabir Purkayastha vs. Government of NCT of Delhi, which highlighted procedural violations during arrests. On this basis, the court granted conditional bail to all five accused.

Expert opinion

Dr. Khushalchand Baheti, retired assistant commissioner of police, stated that while the procedural rights of the accused were upheld, the rights of the victim especially under Article 21 of the Constitution (right to life and personal liberty) must also be considered. He cited the Rajshree Bindavat vs. Government of Maharashtra case, urging the police to appeal the bail order.

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Robbery link and re-arrest

However, just hours after their release, fresh evidence surfaced linking the five accused to a separate dacoity case under Satara police station jurisdiction. Acting swiftly, Satara police re-arrested all five by Friday evening. They are currently in custody and will be produced before the Aurangabad bench of the Bombay High Court on Saturday, confirmed deputy commissioner of police Prashant Swami.

Police to challenge bail

DCP Swami confirmed that the police will file an appeal in the Aurangabad bench of the Bombay High Court against the lower court’s bail order in the murder case on Saturday. “The court granted bail on technical grounds, but all five have now been re-arrested in a fresh dacoity case. We will challenge the earlier bail in the High Court,” he said, emphasizing that the law must not be misused to escape justice in serious offences.