Mbmc Engineer Discharged from Firing Case by Bombay High Court

 

Yashwantrao Deshmukh   &   Shrikrishna Mohite

Mira Bhayandar: Yashwantrao Deshmukh, a junior engineer, attached to the Town Planning department of the Mira Bhayandar Municipal Corporation has been discharged by the Bombay High Court from the charges framed against him by Kasturba Marg Police in the Mbmc's Senior Officer Deepak Khambit's firing case. While the another junior engineer Shrikrishna Mohite's application for discharge has been rejected by the court.

Deshmukh & Mohite are the Junior Engineers of Mira Bhayandar Municipal Corporation who were allegedly charged for giving 'Supari' of their senior officer in 2021. It was alleged that the junior engineers were denied promotions, prompting them to hire contract killers. 

On September 29, 2021, two bike-borne assailants had fired two rounds at Mbmc's Senior Officer Deepak Khambit’s car near Sanjay Gandhi National Park on the Western Express Highway in Borivali. Khambit, seated in the backseat, had escaped unhurt even as the window glass of his car were shattered.

Six people, including both junior engineers were arrested and booked under the relevant sections of the Indian Penal Code and the Indian Arms Act by the Kasturba Marg police station. Both Mohite and Deshmukh were in judicial custody since October 2021 and were granted bail in March 2022. They were reinstated at non executive post after 20 months of their suspension.

Deshmukh had filed discharge application before Dindoshi Sessions Court (Borivali Division), which was rejected on 26th October 2023. Later which he had filed Criminal Revision Application under section 397 of CrPC, before the Bombay High Court. 

On the other hand Mohite had also moved for Criminal Revision Application under section 397 of CrPC, before the Bombay High Court. 

Accordingly, Complainant Deepak Khambit had intervened into the matter opposing their discharge application. 

Bombay High Court allowed the revision application by Deshmukh and set aside a October,26th, 2023, Dindoshi sessions court order which had rejected Deshmukh’s plea for discharge from the case. While on the other hand Mohite's revision application was rejected by High Court.

The court found that the Sessions Court had erred in rejecting the discharge application, considering there was no sufficient material to establish the charge against Deshmukh. The only evidence was that the applicant (Deshmukh) was in touch with Mohite via phone calls. Beyond this, there was no material to show Deshmukh’s involvement. 

Thus, on August 21, 2024, the bench of Justice SM Modak has discharged Deshmukh from the charges framed against him by the Kasturba Marg Police Station. 

Advocate Siddarth Jagushthe was representing the case of Deshmukh under the guidance of Senior Advocate Raja Thakre.

Advocate Ashok Mundargi was representing the case of Mohite along with Advocate Sandeep Salunkhe.

Advocate Laxmikant Shukla, Advocate Chandan Jaiswal and Advocate Aarti Dharmase was representing complainant Deepak Khambit.

As per information received from sources, Khambit will challenge the High Court's order before Supreme Court.