On Tuesday, a court in Maharashtra’s Sindhudurg district refused bail for BJP MLA Nitesh Rane in connection with attempted murder, saying his application for relief was “premature and unsustainable”.
Additional session judge R B Rote also found the custodial trial of federal minister Narayan Rane’s son Nitesh Rane was necessary because the police investigation into the matter was “incomplete”.
The opposition lawmaker, through his defender Satish Maneshinde, has applied for bail from the Mumbai High Court following the conference court ruling.
His attorney will seek an emergency hearing at HC.
In his High Court bail petition, Nitesh Rane claimed that he was implicated in “a typical case of political vendetta or rivalry under the authority of the ruling against the applicant (Nitesh) and his father.” Further claiming that belonged to Ma People in the opposition party in Harashtra – ruled by a coalition of Shiv Sena, NCP and Congress – and in public office are being “hurt” by the state government by registering false criminal cases.
The attempted murder case, in which MLA was the accused, involved Santosh Parab, a Shiv Sena activist who allegedly attacked Kankavli during the Co-operative Bank election campaign in Sindhudurg district last December.
Last week, in handling Nitesh Rane’s pre-arrest bail request, the Supreme Court had given Maharashtra police 10 days not to arrest him.
The Supreme Court has directed BJP lawmakers to surrender at the Sindhudurg Trial Court, where criminal cases are registered, before seeking regular bail on the matter.
Therefore, the MLA from Kankavli, Sindhudurg district, turned himself in and sought bail before the trial.
Nitesh Rane’s defence, Maneshinde, argued that the Supreme Court allowed his client to turn himself in at the trial court and apply for regular bail.
He said the Supreme Court gave the applicant 10 days of temporary protection from arrest from January 27, and his appearance before the trial amounted to turning himself in.
However, Special Prosecutor Pradeep Gharat argued that the applicant should have been detained before making an application for bail under Section 439 of the CrPC.
Under section 439 of the CrPC, the High Court or the Court of Sessions can grant bail to anyone charged with an offence and detained.
Making a bail application while not in custody amounts to prospective bail and the applicant does not have access to the remedies described above. Therefore, Gharat believes that the bail application is not maintainable.
While rejecting Nitesh Rane’s bail request, the Sessions Court called it “premature”.
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