HC denies bail to key conspirator in 2011 murder of Bhandup eatery

Hindustan Times

11 hours ago

MUMBAI: The Bombay high court has denied bail to Amit Madhukar Bhogle, alleged gang leader and key conspirator in the murder of Bhandup-based Chinese food stall owner Suraj Mehra, observing that there was material to show his active involvement in the 'well planned' murder, falling squarely under the provisions of the Maharashtra Control of Organised Crime Act (MCOCA). (Shutterstock)
Mehra, also known as 'Nepali', was attacked on October 4, 2021 by Sachin Dhananjay Kulkarni alias Chingya and Piyush Priyadarshan Naik while he was heading back home with his friend after closing his eatery. Though his friend survived the attack, Mehra succumbed to his injuries and was declared dead at Mulund General Hospital.
The Bhandup police investigated the case initially before it was transferred to the Mumbai crime branch. The police alleged that Mehra and his friend were attacked by members of an organised crime syndicate and Bhogle, arrested on September 28, 2021, was the key conspirator.
During the probe, the police found that Bhogle had planned Mehra's murder in collusion with other co-accused including Ramchandra Raut alias Kaka, who coordinated with assailants like Rahul Jadhav, Umesh Kadam and Sushil alias Sada Sawant. The police later invoked the MCOCA against Bhogle and the other co-accused, claiming that the gang led by him was involved in at least 34 criminal cases, among which he was named in 14 cases.
Advocates Sana Raees Khan and Sumit Sharma, representing Bhogle, submitted that invocation of the MCOCA against him was legally untenable and unjustified, as there was a delay of nearly one year in granting approval for applying the law. They further contended that there was no material on record to substantiate the allegation of Bhogle being a 'gang leader' or his involvement in the conspiracy or execution of Mehra's murder.
Additional public prosecutor Veera Shinde emphasised that Bhogle's conduct was established by a continued criminal tendency. He had long-standing enmity with Mehra and had planned the latter's murder to assert his dominance and control over the locality. There was sufficient prima facie evidence to indicate that Bhogle was not only a conspirator but also played a key role in orchestrating the offence through his gang members, the prosecution said. The material collected by the investigating agency revealed Bhogle's deep-rooted criminal background and his active participation in the offence, they added.
The single judge bench of justice Amit Borkar rejected Bhogle's bail application, saying his involvement in the offence did not seem to be merely incidental or peripheral, but integral and connected to the planning and execution.
Mehra's murder was meticulously planned and Bhogle had shared pictures of the deceased's mutilated body, the court noted.
'It is particularly disturbing that the accused allegedly shared a photograph of the deceased, showing grievous injuries with his intestines protruding, immediately after the incident, which indicates lack of remorse and a sense of impunity,' the court said.
Bhogle was a habitual offender with a long-standing criminal background and the alleged murder fell squarely within the definition of 'continuing unlawful activity' under the MCOCA, the court held.