Mumbai: In a detailed assurance of the 18-year-old Santacruz student Diya Padalkar, was arrested in the killing of the new year from his childhood friend, Jhanvi Kukreja, a court session observed that his presence was only at the scene and the inability to explain his lip injury was not enough This point to conclude that he committed a violation.
“In my opinion, considering the facts and circumstances of the case …
it is not right to keep the Applicant (Padalkar) behind the bar only by means of punishment, because all prosecution cases rest on important evidence of the applicant,” MM Judge Umar said.
Instead, rejecting Plea Guarantee Shree Jogdhankar his colleague (22), the court said his role seemed to be “really different” and there was material evidence of it.
“…
there seems to be enough material even at this stage, Prima Facie, which leads to the conclusion there is a reasonable reason for believing that the Petitioner (Jogdhankar) is guilty of violations that can be sentenced to death or imprisoned for life,” said the court that .
The court denied the jogdhankar claim that he was also attacked.
“At this point, there is no material to show that someone enters the building, Bhagwati Heights and attacks the applicant from the back side,” said the court.
The court also said that the investigation revealed that Jogdhankar was aggressive and hot.
“So, remember the behavior, attitude, and nature of the applicant, and the material in the notes, concerns of prosecution (that he will damage the witness’ evidence and influence) seems reasonable and right,” the court added.
Court decisions on bail applications are pronounced on Friday, reasoned orders made available on Monday.
The defendant was arrested in January 1.
While prosecution has expressed concern that Padalkar will affect the witness prosecution, Niteen Pradhan’s defense advocate and Ashok Mishra handed over that after the incident, his parents had moved to another house and were no longer neighbors of the victim.
The defense also said that there were no witnesses named Padalkar.
The court observed that prosecution had made claims only to oppose a guarantee request.
Allegations, the two close friends of Kukreja (19), were accused of attacking him on the stairs and killed him after they attended a new year party on the Khar building terrace.
Kukreja’s last post-mortem report, he suffered 48 injuries.
The court said that the Prima Facie, from the witness statement appeared that Jogdhank was noticed to kiss Krreja at the party.
“Likewise, it seems that when the Petitioner (Padalka) was under the influence of liquor on the terrace, he slept on the bed, after some time Shree Jogdhankar came and slept beside him …
he was increasingly vulgar with applicants after noting this, the deceased was angry, “Court said.
Khar Chargesheet police said that after the murder of Padalkar remained back at home home with Cut’s lips claiming that he did not know how he suffered an injury.
Hairband, earrings, and footwear are allegedly found in place.
Against the PLEA Bail, Mrs.
Kukreja, lawyer Nidhi Kukreja also showed that in the previous application before a judge, the Defense Padalkar had claimed that he was only trying to maintain peace between the “Prime Defendant” Jogdhankar and the victim and in his process and hurt him.
“Has the Applicant had a motive for killing his childhood friend, or he participated in crime with the main accusation too, the applicant’s defense as mentioned in the application before learning Metropolitan Magistrate …, or whatever it could be resolved in a full-dressed trial,” Court said.
Jogdhankar, also injured, has left a party, met another friend, and then looked for care at Sion Hospital.
The court observed that it could not be said that he was involved.