MAPUSA: The order on the bail application filed by Deepak Gadekar, the prime accused in an extortionist case, will be passed on December 31 by Additional District and Sessions Judge P V Sawaikar.
After hearing the arguments of both the prosecution and the defence on Tuesday, Judge Sawaikar posted the matter for order on December 31.
Appearing for the accused, Adv Raju Poulekar argued that the case of the prosecution does not legal scrutiny as it is riddled with at least three major discrepancies.
First of all, Adv Poulekar argued, under Section 26 of Indian Evidence Act, confession becomes evidence only if it is made in the presence of magistrate in the police custody and not in presence of only police.
Secondly, the registration number of the vehicle used in the crime and the serial numbers of cash recovered by the police are not disclosed in the FIR.
Thirdly, the FIR also does not disclose the reason behind the 17-day delay in registering the same, when there were more than three people excluding the complainant, are involved in the case.
Adv Poulekar pointed out that after the incident, the complainant was in contact with the accused for seventeen days, during which time the complainant tried to recover the money from the accused, but when he could not recover the money, he filed the complaint.
Adv Poulekar also argued that though the accused is slapped with the offence of decoity under Section 395 of IPC, the ingredients of decoity such as theft, extortion and assault is absent in the case. Therefore, he argued, Section 395 of IPC was not applicable against the accused, hence, he should be granted bail.
Adv Poulekar further argued that though police have recovered money from the accused, possessing money is not a crime.
In this case, the police have seized a car, a scooter, Rs 6,000 in cash, gold ornaments worth fifty thousand, Rs 40,000 from Police Constable Keshav Naik and Rs 1 lakh from Police Constable Mandrekar.
