Case Note & Summary
The applicant, Rajesh Jaswantlal Solanki, filed two applications under Section 439 CrPC for cancellation of bail granted to the accused persons, Ravindranath Shelatkar and Rajendra Dhondu Bhosale, by orders dated 1.2.2011 and 3.2.2011 respectively. The complainant alleged that due to rivalry, accused No.1 hatched a conspiracy with accused Rajendra Bhosle, a police officer, and others to falsely implicate him in a case under the NDPS Act. As per the conspiracy, 340 grams of heroin was planted in the complainant's car, leading to his arrest and custody for 150 days. Subsequently, the investigation was taken over by superior officers, revealing the truth, and the complainant was discharged. On his complaint, the Additional Chief Metropolitan Magistrate directed investigation under Section 156(3) CrPC, resulting in an FIR against 11 police officers, including Rajendra Bhosle, and the builder Ravindra Shelatkar. The complainant argued that the accused, if released on bail, would tamper with evidence and influence witnesses. The court, after hearing the parties, found merit in the submissions and cancelled the bail granted to the accused, staying the implementation of the impugned orders.
Headnote
A) Criminal Procedure Code - Cancellation of Bail - Section 439 CrPC - Serious Allegations of Conspiracy - The complainant sought cancellation of bail granted to accused persons who allegedly conspired to plant heroin and falsely implicate him under NDPS Act - Court held that considering the gravity of allegations and possibility of tampering with evidence, bail granted by lower court was liable to be cancelled (Paras 1-3).
Issue of Consideration
Whether the bail granted to the accused persons should be cancelled on the ground of serious allegations of conspiracy to falsely implicate the complainant under the NDPS Act and possibility of tampering with evidence.
Final Decision
The court allowed the applications and cancelled the bail granted to the accused persons, Ravindranath Shelatkar and Rajendra Dhondu Bhosale.
Law Points
- Cancellation of bail
- NDPS Act
- false implication
- conspiracy
- tampering of evidence
- Section 439 CrPC
- Section 156(3) CrPC
Case Details
2011 LawText (BOM) (02) 77
Criminal Application No. 176 of 2011 and Criminal Application No. 200 of 2011
Mr. Swapnil Wagh i/b. Mr. Rizwan G. Merchant for applicant; Mr. A.K. Wanwari i/b. Mr. K.A.J. Merchant for respondent No.1; Mr. Ayaz Khan for respondent No.1 (in B.A.No.200/2011); Smt. P.P. Shinde, APP for State
Rajesh Jaswantlal Solanki
Ravindranath Shelatkar, Rajendra Dhondu Bhosale, The Deputy Commissioner of Police, Unit-1, Crime Branch, CID, Mumbai, The State of Maharashtra
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Nature of Litigation
Application for cancellation of bail granted to accused persons in a case of alleged false implication under NDPS Act.
Remedy Sought
Cancellation of bail granted to accused Ravindranath Shelatkar and Rajendra Dhondu Bhosale.
Filing Reason
Allegation that accused conspired to plant heroin and falsely implicate complainant under NDPS Act, and that they may tamper with evidence if released on bail.
Previous Decisions
Bail was granted to accused by orders dated 1.2.2011 and 3.2.2011; implementation stayed by this Court.
Issues
Whether the bail granted to the accused should be cancelled due to serious allegations of conspiracy and false implication.
Whether the accused are likely to tamper with evidence or influence witnesses if released on bail.
Submissions/Arguments
Applicant argued that accused conspired to plant heroin and falsely implicate him, and that they may tamper with evidence.
Respondents opposed the application, but specific arguments not detailed in text.
Ratio Decidendi
Bail granted to accused persons in a case involving serious allegations of conspiracy to falsely implicate the complainant under the NDPS Act is liable to be cancelled to prevent tampering of evidence and ensure fair trial.
Judgment Excerpts
Both these Applications are filed by the original complainant for cancellation of bail granted to the accused persons...
To state in brief, the accused No.1 Ravindranath Shelatkar and the complainant/applicant had some rivalry.
The implementation of the impugned orders was stayed by this Court...
Procedural History
The complainant filed a complaint under Section 156(3) CrPC, leading to investigation and FIR. Accused were granted bail by orders dated 1.2.2011 and 3.2.2011. Complainant filed applications for cancellation of bail, which were heard urgently after stay of implementation.
Acts & Sections
- Narcotic Drugs and Psychotropic Substances Act, 1985: 8(c), 21
- Code of Criminal Procedure, 1973: 156(3), 439
