The Court observed “The applicant is more than 70 year old, he is behind bar for more than two years. Charge has been framed against the applicant, yet trial has not been commenced. It may take time to conclude the trial,”.
Bombay: The Bombay High Court granted bail to a 70-year-old man from Satara, Mohansingh Sitaram Naik, who was accused of being involved in the brutal murder of a young girl. The crime was allegedly committed as part of a human sacrifice ritual to gain wealth and prosperity. The case involved accusations of black magic and conspiracy.
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Justice SG Dige, a single-judge of the Bombay High Court, noted that while the charges against Naik were serious, his advanced age and the time he had already spent in jail were important factors to consider.
“The applicant is more than 70 year old, he is behind bar for more than two years. Charge has been framed against the applicant, yet trial has not been commenced. It may take time to conclude the trial,” the Court observed.
The Court also made it clear that granting bail did not mean the accused was proven innocent. The trial court would decide the case without being “uninfluenced by the observations made in this order.”
According to the prosecution, Naik, along with other accused, conspired to perform a human sacrifice to bring material benefits. It is alleged that while another accused slit the victim’s throat, Naik was keeping watch at the crime scene.
Naik was charged under multiple sections of the Indian Penal Code (IPC), including:
- Section 302 (murder)
- Section 201 (destruction of evidence)
- Section 120-B (criminal conspiracy)
- Section 34 (common intention)
Additionally, he was booked under Section 3 of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
Naik’s lawyer argued that he was over 70 years old and had already spent two years in jail. The lawyer also questioned the credibility of the prosecution’s key witness, Aniket Aatkari, whose statement was recorded three years after the incident.
The defense pointed out that Aatkari initially did not mention Naik’s name but later claimed to have seen him at the crime scene. The lawyer also assured the Court that Naik would not enter Satara District until the trial was over and that he would follow all legal conditions imposed.
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The prosecution strongly opposed the bail plea, arguing that Naik played a key role in the crime. They also raised concerns that if released, he might influence witnesses, tamper with evidence, or even flee, which could disrupt the investigation and trial.
After hearing both sides, the Court granted Naik bail with strict conditions. He must:
- Execute a personal bond of Rs.50,000 with one or two sureties of the same amount.
- Report to the nearest police station once a month until the trial is completed.
- Inform the police about any change in address or contact details.
- Not enter Satara District except for court hearings.
- Not tamper with evidence or contact witnesses.
The Court’s order balanced the accused’s rights with the need to ensure a fair trial, keeping in mind both the severity of the charges and the delay in the trial process.
[Case Title: Phoolsingh Shevu Rathod and anr v State of Maharashtra]
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