Kalyan Sessions Court Denies Bail to Former Shiv Sena Corporators in BJP Worker Assault Case
A sessions court in Kalyan has firmly rejected the bail applications of former Shiv Sena corporators Nitin Patil, his brother Ravi Patil, and their two sons. The four individuals stand accused of allegedly assaulting a BJP office-bearer on the eve of polling for the Kalyan-Dombivli Municipal Corporation (KDMC) elections in Panel No. 29. With the court refusing to grant any relief, all four accused will continue to remain in judicial custody, prolonging their legal ordeal.
Court Raises Serious Concerns Over Police Investigation
While passing the order on Saturday, Kalyan sessions judge N P Vasade raised serious and pointed concerns over the conduct of the Ramnagar police in Dombivli. The court specifically highlighted the apparent dilution of charges during the investigation phase. Judge Vasade sought a detailed explanation from the police as to why they first invoked BNS Section 109, which pertains to attempt to murder, and later reduced the offence to Section 118(1), which covers voluntarily causing hurt. The court demanded clarity on the legal basis for this significant change in the nature of the charges.
Background of the Political Clash and Arrests
The incident stems from a tense political environment where Mahayuti allies BJP and Shiv Sena were engaged in a "friendly fight" in Panel No. 29 in Dombivli. The Patil brothers were contesting as candidates in this panel, alongside BJP candidate Aarya Natekar. On the night of January 14, tensions flared dramatically over alleged distribution of money in Tukaram Nagar, leading to a violent clash between workers of both political parties.
During the altercation, Aarya Natekar's husband, Omnath, sustained serious injuries. Based on his formal complaint, the police registered a First Information Report (FIR) against the four Patil family members and subsequently arrested them. While in judicial custody, the health of both Nitin and Ravi Patil deteriorated significantly. They were admitted to Thane Civil Hospital and later shifted to a private hospital for treatment. After being discharged on February 2, they were taken back into custody and produced before the court on February 3.
Alteration of Charges and Bail Plea
At this critical stage, investigating officer Rajendra Khedkar made a controversial move by replacing the initial attempt-to-murder charge with lesser sections, thereby fundamentally altering the legal nature of the offence. Following this development, the defence legal team moved the court seeking bail for the accused.
On Saturday, defence advocates presented their arguments, emphasizing that the Patils were respectable and long-standing residents of Dombivli with no prior criminal background. They contended that the seriousness of the offence had been grossly exaggerated. However, Judge Vasade remained unconvinced, questioning the rationale behind the police's decision to change Section 109 to Section 118(1). The judge also noted critically that crucial medical and X-ray reports pertaining to the victim's injuries were not placed on the official record.
Court's Firm Decision and Political Aftermath
Taking serious note of these investigative lapses and the unexplained dilution of charges, the court decisively denied bail to all four Patil family members. This ruling underscores the judiciary's scrutiny of police procedures in politically sensitive cases. In a related political development, all four Shiv Sena candidates from Panel No. 29, including Nitin Patil, his wife, and Ravi Patil, were defeated by BJP candidates in the subsequent KDMC elections, marking a significant electoral setback for the family.
