2011 Pune murder case: SC grants bail to man sentenced to life, lodged in jail for 11 years

The other accused Raju Peter Layal alias Bangali (then 32) was running a food stall at Hirabaug Chowk, while the present appellant Dinesh Daniel Khajekar alias Paul (then 20) used to assist Raju in his work. The accused were known to More for a couple of years as he worked at a liquor store in the same area.

In August, 2019, dismissing his bail plea, the Bombay High Court directed expediting the hearing of appeal by Khajekar. In February, 2023, the HC dismissed Khajekar’s interim application to suspend the sentence and grant him bail till final disposal of appeal. The HC noted that substantive appeal by Khajekar was ready for hearing.

Khajekar moved the SC against the HC order. Advocate Sana Raees Khan argued for Khajekar that as per witness accounts, when they reached the spot, they saw the deceased lying in a pool of blood, which established that none witnessed the incident. She argued that sample of footprints of the appellant along with the sample found on the spot were sent for chemical analysis, however, the report was inconclusive. Khan argued that therefore the sentence be suspended and relief be granted to the appellant.

Noting that the appellant had undergone incarceration for a period of more than 11 years, the bench of Justices Abhay Oka and Pankaj Mithal of the apex court on September 25 noted, “In fact, the high court ought to have granted relief under Section 389 (release of appellant on bail) of the CrPC, to Khajekar. Accordingly, the appellant shall be enlarged on bail pending the final disposal of the appeal before the High Court.”