Youth may not be convicted of murder when trial ends, says court; grants him bail

The police had opposed the bail plea stating that the accused was arrested based on eyewitness accounts and his mobile tower location.

OBSERVING THAT at the end of the trial, a 22-year-old man booked for pushing a man off a railway platform in Mulund in April, may not be convicted of murder, a sessions court has granted him bail.

On April 23, Deepak Patwa (56) was run over by a train at Mulund station following an alleged scuffle with Akshay Mange and a woman, Manisha Khakhadiya. The CCTV footage had shown the woman following Patwa and both entering into an argument. Mange was seen intervening and in the ensuing scuffle,

Patwa had fallen on the tracks and was run over by a train. Mange was arrested on June 6 and booked on charges including sections 302 (murder) and 34 (common intention) of the IPC. Khakhadiya, meanwhile, was arrested on April 24. In her bail plea, she had claimed that she was not at the station at the time of the incident and that it was a case of mistaken identity. She was granted bail in May.

While hearing Mange’s application for bail on Saturday, the court saw the CCTV footage. “The video clip shows that due to the intervention of the present applicant (Mange) in the quarrel, the death has been caused due to pushing to the deceased. But it is not the case of prosecution that both the accused (Mange and Khakhadiya) are having connection to share their common intention of committing murder of deceased,” the court observed.

“On perusal of the video clip, it shows that the applicant was not having any intention to commit the offence. There is no previous enmity of the applicant with the deceased. There is absence of motive. In my view, at the end of the trial, he may not be convicted for Section 302 IPC. The punishment may be lesser (sic),” the court observed, while granting Mange bail on a bond of Rs 30,000.
Maintaining that Mange is a college student and does not have any criminal antecendents, the court said while the trial may take time, keeping him in jail will cause prejudice to his educational career.

It went on to impose certain conditions on Mange, including asking him not to tamper with prosecution witnesses. The police had opposed the bail plea stating that Mange was arrested based on eyewitness accounts and his mobile tower location.

The Kurla railway police had also said that Mange was identified by witnesses in test identification parade.

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