The Bombay High Court has rejected a bail application filed by Pravin Mishra alias Sachin, an associate of international fugitive Dawood Ibrahim.
In an order dated May 12, 2016, Mishra and another accused were convicted for offences punishable under Section 302 of IPC, Section 25 (1-B) of the Arms Act and Section 37 read with Section 135 of the Bombay Police Act.
In the instant case, the applicant accused had gone to the office of a known builder in the city, Manish Dholakia, in February 2011. The receptionist asked them to be seated. After noticing that one of the two men was carrying firearms, the receptionist raised an alarm. Thereafter, the two accused ran and two security guards followed them. One of these guards, Ajit Yerunkar, was shot at. He was declared dead after being taken to the hospital.
Senior counsel Shirish Gupte, who appeared for the accused, argued that because the Tahasildar had not followed the procedure while conducting the test identification parade, the identification of his clients as accused cannot be relied upon.
However, the court observed that the witnesses had seen the accused for an adequate amount of time and hence, could identify them.
Thus, the bail application was rejected.
Read the Order here.