MUMBAI: Incarcerated artist Chintan Upadhyay, accused in a double murder case, will continue to remain behind bars as the Supreme Court on Thursday declined his plea for bail however directed that the trial be finished inside of nine months.
The apex courtroom disregarded Upadhyay’s bail petition after recording in its order a statement made via the Maharashtra executive that it might entire the trial in nine months after framing fees.
The SC bench of Justices Rohinton Nariman and Vineet Saran directed the state to appoint a brand new particular public prosecutor the SPP inside of one week.
The artist and four others were arrested in a case of a December 2015 murder of his artist spouse Hema and her lawyer Haresh Bhambhani.
The artist were in custody since December 2015. He had submitted that there used to be “not sufficient material" against him and questioned the submissions made via the prosecution to try him for murder. His counsel in courtroom, Siddharth Luthra, sought bail for him on floor of advantage and prolong in trial.
He argued that an incriminating diary entry referred to via the prosecution didn’t exist as proved via an RTI answer. The police had claimed that there used to be a diary entry where Upadhyay had referred to his enmity towards Hema. Luthra additionally identified that there used to be no particular prosecutor yet appointed, in spite of the state in quest of time final month to appoint one. There “used to be undue prolong therefore he deserved bail,’’ he said.
But the state’s recommend Nishant Katneshwarkar submitted an affidavit to have his plea disregarded. It pointed to his "behavior" of submitting packages to try and protract the trial. Before framing of the fee, Upadhyay had filed for discharge which the HC had rejected, it said.
The state said that after framing of fee, the trial will also be concluded inside of nine months which the SC bench took into consideration in its order on Thursday.
The state said that on 12/12/2015 at about 06:30pm Kandivali Police Station had gained knowledge that "two massive brown paper corrugated parcels were lying in drainage close to the burial-ground highway at Dahanukarwadi in entrance of Sheetal-Sameer Co-operative Housing Society". The police officer had rushed to the spot. "Upon opening the ones two parcels, they had seen dead bodies of one feminine and one male. Crime used to be registered below section 302 (murder), 201(destruction of proof), 34 (not unusual goal) of the Indian Penal Code against unknown person on the time".
The state said that in the course of investigation, the police had "traced the call details file of Hema" and that "on the day of the incident i.e. on 11/12/2015 she had made calls to 1 Vidhyadhar Rajbhar, who owned studio at Kandivali..."" who she and Upadhyay were accustomed to as artists.
The prosecution had on January 25 sought an adjournment sooner than the trial courtroom over appointment of new SPP which it said would round two to three weeks.
The apex courtroom disregarded Upadhyay’s bail petition after recording in its order a statement made via the Maharashtra executive that it might entire the trial in nine months after framing fees.
The SC bench of Justices Rohinton Nariman and Vineet Saran directed the state to appoint a brand new particular public prosecutor the SPP inside of one week.
The artist and four others were arrested in a case of a December 2015 murder of his artist spouse Hema and her lawyer Haresh Bhambhani.
The artist were in custody since December 2015. He had submitted that there used to be “not sufficient material" against him and questioned the submissions made via the prosecution to try him for murder. His counsel in courtroom, Siddharth Luthra, sought bail for him on floor of advantage and prolong in trial.
He argued that an incriminating diary entry referred to via the prosecution didn’t exist as proved via an RTI answer. The police had claimed that there used to be a diary entry where Upadhyay had referred to his enmity towards Hema. Luthra additionally identified that there used to be no particular prosecutor yet appointed, in spite of the state in quest of time final month to appoint one. There “used to be undue prolong therefore he deserved bail,’’ he said.
But the state’s recommend Nishant Katneshwarkar submitted an affidavit to have his plea disregarded. It pointed to his "behavior" of submitting packages to try and protract the trial. Before framing of the fee, Upadhyay had filed for discharge which the HC had rejected, it said.
The state said that after framing of fee, the trial will also be concluded inside of nine months which the SC bench took into consideration in its order on Thursday.
The state said that on 12/12/2015 at about 06:30pm Kandivali Police Station had gained knowledge that "two massive brown paper corrugated parcels were lying in drainage close to the burial-ground highway at Dahanukarwadi in entrance of Sheetal-Sameer Co-operative Housing Society". The police officer had rushed to the spot. "Upon opening the ones two parcels, they had seen dead bodies of one feminine and one male. Crime used to be registered below section 302 (murder), 201(destruction of proof), 34 (not unusual goal) of the Indian Penal Code against unknown person on the time".
The state said that in the course of investigation, the police had "traced the call details file of Hema" and that "on the day of the incident i.e. on 11/12/2015 she had made calls to 1 Vidhyadhar Rajbhar, who owned studio at Kandivali..."" who she and Upadhyay were accustomed to as artists.
The prosecution had on January 25 sought an adjournment sooner than the trial courtroom over appointment of new SPP which it said would round two to three weeks.
Double murder case: SC declines Chitan bail plea
![Double murder case: SC declines Chitan bail plea]()
Reviewed by Kailash
on
February 14, 2019
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