The Bombay High Court dismissed the bail application of Senior Police Inspector Sunil Dharma Mane, accused under the National Investigation Agency Act (Section 21) and the Unlawful Activities (Prevention) Act (UAPA), 1967. The case involves conspiracy, murder, and the placement of an explosive-laden vehicle near the residence of an industrialist, highlighting grave misuse of authority by law enforcement personnel.

Background:

1. Stolen Vehicle and Explosives (FIR No. 35 of 2021)

   • On February 25, 2021, a Mahindra Scorpio containing 20 gelatin sticks and a threat note was found near an industrialist’s residence in Mumbai.
   • Registered as an offense under IPC Sections 286, 465, 473, and 506(2) and the Explosives Substances Act, 1908.

2. Mansukh Hiran’s Death (FIR No. 12 of 2021)

   • The vehicle’s alleged owner, Mansukh Hiran, was found dead in Mumbra Creek on March 5, 2021.
   • Murder charges were filed under IPC Sections 302, 201, 120B, and 34.

Allegations Against the Accused:

• The appellant, Sunil Mane, was charged with conspiring to murder Mansukh Hiran and aiding the placement of the explosives.
• Evidence includes:
  • Use of fake identities (Inspector Tawade) to lure the victim.
  • Manipulation of mobile communications and vehicle number plates.
  • Coordination with other accused to eliminate the victim.

Key Legal Points:

Acts and Sections Discussed:

1. Indian Penal Code (IPC):

   • Section 120B: Criminal Conspiracy
   • Section 302: Murder
   • Section 364: Kidnapping for Murder
   • Section 201: Destruction of Evidence

2. Explosives Substances Act, 1908:

   • Section 4(a)(b)(i): Handling Explosives Without Lawful Authority

3. Unlawful Activities (Prevention) Act, 1967:

   • Sections 16, 18, and 20: Terrorist Acts, Conspiracy, and Association with Terrorist Groups

4. National Investigation Agency Act, 2008:

   • Section 21: Appeal Against Bail

Ratio Decidendi:

The court held that sufficient evidence, including circumstantial and technical data, prima facie established the appellant's involvement. At the stage of bail, the prosecution's evidence indicated a strong nexus between the accused and the conspiracy to plant explosives and commit murder, necessitating continued custody under stringent UAPA provisions.

Subjects:

Legal Review: Criminal Conspiracy, UAPA, and Procedural Safeguards in Terror-Related Offenses.

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