While rejecting the ABA, the court had considered a statement given by the co-accused in the said crime.
Mumbai: The Bombay high court has rejected the anticipatory bail application of Kailash Patil, the mastermind behind the illegal excavation of sand in the Diva creek at Bhiwandi near Thane. While rejecting the ABA, the court had considered a statement given by the co-accused in the said crime.
According to prosecution on December 29, 2017, additional circle officer, Bhiwandi region has lodged FIR in Narpoli police station that he along with Tehsildar Mukesh Patil received specific information that some persons are illegally excavating the sand from the creek of Dive to Kasheli belt by using sucking pumps and directed the subordinate officer and their teams to verify this information. Accordingly officers went the said spot at 6 am on December 29, 2017 and found that certain persons were illegally excavating sand. Officers had accosted 14 people and seized their machinery.
Arrested accused disclosed that they were working for Wasim Khan, Manoj Patil and Omkar Patil. After arresting accused Wasim Khan he disclosed name of Kailash patil. He further said Patil used to give him Rs 600 per brass for excavating sand.
Patil’s lawyer argued that except the statement of the Khan there is no other material on record to implead him in the present crime.
The court while rejecting the ABA noted that for further investigation police can rely on the statement of co-accused but acceptance of the statement will be decided at the time of case in the trial court.