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Cop accused in ‘custody death’ case gets bail

hindustantimes.com 2024/10/6

Bombay High Court grants bail to police constable Nilesh Patil in custodial death case at Koparkhairane police station, citing completion of investigation.

Mumbai: The Bombay high court recently granted bail to police constable Nilesh Maruti Patil, an accused in the alleged custodial death of a burglary suspect, at the Koparkhairane police station, Navi Mumbai. The court decided that further detention of Patil was unwarranted as the investigation was complete and a chargesheet had been filed already.

HT Image
HT Image

The incident occurred on August 13, 2021, when Dinesh Chavan was brought to Koparkhairane Police Station on suspicion of attempting a burglary at a flat. According to the CID investigation, Chavan allegedly died after being severely beaten by on-duty constables, including Nilesh Patil, Prakash Patil (Police Head Constable), and Ravindra Hamare (Police Constable).

Nilesh Patil was arrested on October 11, 2023. The Deputy Superintendent of Police, CID, Maharashtra, Manisha Pradhan, reported that Chavan was assaulted between 4am and 6am by the officers using fists, kicks, and sticks.

During the hearing, the counsel representing Patil argued that the co-accused had already been released on default bail and that Patil’s role in the incident was minor compared to Prakash Patil and Ravindra Hamare, who allegedly assaulted Chavan repeatedly. Gharat also suggested that Chavan’s death could have resulted from multiple factors, including a fall from a height while under the influence of alcohol. “Since the investigation is complete and the chargesheet has been filed, further detention of the applicant is not warranted,” Gharat asserted.

However, the counsel representing the state strongly opposed the bail plea, emphasising the severity of custodial deaths. She highlighted the statement of Ravindra Bhoir, Police Naik, which directly implicated Patil in the assault. “There is strong prima facie evidence to show the complicity of the applicant,” Ganapathy said.

Justice N J Jamadar acknowledged the seriousness of the accusations but noted the completion of the investigation and the filing of the chargesheet. He noted in the order, “The role attributed to the applicant in the CCTV footage does not last more than 16 seconds.” The footage indicated that Patil was seen charging at Chavan and pressing him with his feet, while co-accused Prakash Patil was seen assaulting Chavan with a stick, fists, and kicks repeatedly.

Given the circumstances and the fact that Patil had been in custody since October 11, 2023, the court concluded that further detention was unnecessary. It further noted that Patil appeared to have strong ties to his place of employment and residence, reducing the likelihood of him fleeing justice. “I am, therefore, persuaded to exercise discretion in favour of the applicant,” Justice Jamadar concluded.

Nilesh Patil will be released on bail upon furnishing a PR Bond of ₹50,000 with one or two sureties of the same amount. The court stipulated that Patil must not tamper with prosecution evidence, threaten witnesses, and must attend all court proceedings regularly.

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