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Hema Upadhyay Murder Case: Bombay HC Dismisses Bail Plea Of Key Accused Chintan Upadhyaya

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Mumbai: The Bombay High Court on Monday dismissed the bail plea of artist Chintan Upadhyay who was convicted and sentenced to life in prison for abetting and conspiring to kill his estranged wife Hema Upadhyay in December 2015,

A division bench of Justices Revati Mohite-Dere and Gauri Godse dismissed the plea observing that prima facie there was sufficient ground to show his involvement in the murder. The country will pass a reasoned order later.

HC admitted Chintan Upadhyay’s appeal

The HC, on October 25, admitted Upadhyay’s appeal challenging his conviction and sentencing by the sessions court. Upadhyay has approached the high court through advocate Bharat Manghani challenging his conviction contending that the sessions court erred in its findings while finding him guilty. Pending hearing in his appeal, he had sought bail.

The ghastly 2015 murder case

Hema and her lawyer Harish Bhambani were allegedly smothered to death by Vidhyadhar Rajbhar on December 11, 2015, with the help of other accused persons. He killed the duo allegedly at Upadhyay’s behest. The next day, a rubbish collector discovered their bodies stuffed in cardboard boxes in a nullah in Kandivali.

Sessions judge, on October 7, found Upadhyay guilty of abetting and conspiring to kill Hema and sentenced him to life in prison observing that the murder was “brutal”, but it cannot be termed as “rarest of rare” which warrants a “death penalty only”. The judge found three others – Vijay Rajbhar, Pradip Rajbhar and Shiv Kumar Rajbhar, who hail from the same village – guilty of murdering Hema and her lawyer and Harish Bhambhani and sentenced them to life imprisonment.

Hema’s family had also approached the HC seeking permission to intervene in the matter and oppose Upadhyay’s bail plea. The HC had allowed the family to intervene.

Upadhyay’s conviction

Special public prosecutor Vaibhav Bagade opposed the bail plea contending that there was enough evidence against Upadhyay based on which the sessions court had convicted him.

Upadhyay’s appeal contends that the sessions judge erred in accepting the retracted and uncorroborated confession of a co-accused, Pradip, as voluntary, admissible and having been corroborated.

The judgment of the trial court lacks proper and cogent evidence and reasoning to convict him, the appeal argues. It wrongly relied on a retracted confession of co-accused Pradeep Rajbhar, to hold it as genuine. The appeal also questions the inference drawn by the sessions court that since Rajbhars had no motive to murder Hema, they acted at Upadhyay’s behest. It is not permissible in law to draw such an inference, said Manghani.

Crime

Mumbai Five members of Lawrence Bishnoi gang arrested, Mumbai Crime Branch gives a shock to Bishnoi gang

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Mumbai: Mumbai Crime Branch has claimed to have arrested five shooters of gangster Lawrence Bishnoi gang in a major operation. 5 revolvers and 21 live cartridges have been recovered from the possession of these shooters. Mumbai Police is also interrogating these shooters. Police arrested the attackers before they could execute the incident and averted the incident. Mumbai Crime Branch has arrested these five from Andheri area. They had come here with the intention of carrying out a major vandalism incident, but the police foiled the incident before that.

The arrested accused include Vikas Thakur, Samit Dilawar, Devendra Rupesh Saxena, Shreya Suresh Yadav, Vivek Gupta. Vikas Thakur is a resident of Versova Andheri, Samit Mukesh Kumar Dilawar is a resident of Sonipat, Haryana, Devendra Rupesh Saxena is a resident of Madhya Pradesh, Shreya Suresh Yadav is a resident of Jagdishpur, Bihar and Vivek Kumar Gupta is a resident of Rampur, Rajasthan.

Weapons have been recovered from their possession and the Crime Branch has registered a case against them under Section 3 and 25 of the BNS, Section 55 and 61 (2) and Maharashtra Police Act. The Crime Branch is investigating where the accused brought the weapons from.

After the shooting of Salman Khan, Lawrence Bishnoi gang is trying to become active in Mumbai, but due to the strict action of Mumbai Crime Branch, the back of the gang has been broken and now the Crime Branch has given a big blow to the Lawrence Bishnoi gang and arrested five of its members. The Crime Branch is further investigating the matter.

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Crime

Mumbai Malad Gudi Padwa violence: Three arrested, situation peaceful, police alert, DCP Asmita Hotel

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Mumbai: After the violence on Gudi Padwa in Malad, Mumbai, the situation is now peaceful here, but despite this, politics has also started on this issue and an attempt has been made to spread communal tension by giving it a Hindu-Muslim color. On the occasion of Gudi Padwa, a local youth attacked five minors passing in front of Noorani Mosque. In this case, the police has controlled the situation and so far three people have been arrested. A case of rioting has also been registered against them. The crowd is also being identified. The accused have been identified on the basis of CCTV and three people have been arrested. Along with this, after getting control of the situation, the police has put Malad on high alert and is also keeping an eye on communal elements.

Now communal elements have started trying to spoil the atmosphere in Mumbai, so the police is also keeping an eye on social media. Local DCP Smita Patil said that the situation in Malad Maloni is peaceful and action is being taken against the miscreants. Arrests are also continuing after examining CCTV footage and other footage.

So far three people have been arrested in this case, one of whom is Sharan, who attacked the minor. In this case, Vishwa Hindu Parishad Bajrang Dal has given an ultimatum to the police that if they do not arrest the accused as soon as possible, they will protest. In this case, the DCP has made tight security arrangements at all places and has also appealed not to pay attention to rumors and not to share unverified videos or controversial posts on social media. The police is on alert to maintain law and order in Mumbai and Mumbai Police Commissioner Vivek Panchalkar has issued strict instructions.

Sanjay Nirupam’s venomous attack on the violence on Gaddi Padwa

After the violence on Gudi Padwa, Sanjay Nirupam has made many serious allegations against the police, he has accused the police of delaying action and protecting the accused. He has questioned the action of Mumbai Police and said that the main accused Sharan and his mother do not allow Hindus to celebrate their festivals and their hooliganism continues here. Sanjay Nirupam has called Muslims Jihadis. Sanjay Nirupam said that the police took action when pressure was put on them.

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Crime

Kunal Kamra row: 3 more FIRs filed over Shinde jibe, merged with Mumbai case

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Mumbai, March 29: In fresh trouble for controversial comedian Kunal Kamra, three additional FIRs filed against him in different cities have been merged with the one registered in Mumbai’s Khar police station over his alleged jibe at Maharashtra Deputy Chief Minister Eknath Shinde.

The stand-up comedian courted controversy for cracking an allegedly objectionable joke during a show last month, using the term ‘gaddar’ (traitor) to make a veiled reference to Shinde.

The three zero FIRs that have been merged with the main case registered in Khar were filed in Thane, Nashik and Buldhana by Shiv Sena workers.

The three FIRs were filed by Sunil Jadhav from Nandgaon Manmad, Nashik; Sanjay Bhujbal from Jalgaon Jamod, Buldhana and Mayur Borse from Manmad, Nashik.

The complainants in the three FIRs said that the comedian allegedly created hatred between political parties by making ‘objectionable’ remarks against Shinde. They also alleged that Kamra’s remarks defamed Shinde’s ‘conduct’.

The three FIRs were registered under penal provisions of the Bharatiya Nyaya Sanhita dealing with defamation and public mischief.

Kamra, who has been granted protection against arrest till April 7 by the Madras High Court, has been summoned by Khar police for recording his statement on Monday – this will be the third police attempt to call him as he has not responded to two earlier requests.

Deputy Commissioner of Police, Zone 9 (Mumbai), Dixit Gedam said two offences have been registered at Khar police station.

One is against Kamra for derogatory comments, while the other is against people who vandalised the Unicontinental hotel in Khar where the shoot of his stand-up comedy act titled ‘Naya Bharat’ took place.

Kamra landed in trouble after giving a comic spin-off to a popular Hindi song in which he indirectly described Shinde as a ‘traitor’, referring to the 2022 Maharashtra political crisis which eventually led to the collapse of the Uddhav Thackeray-led state government.

The controversy snowballed after Kamra uploaded a clip from the show on social media last Saturday. Angry Shiv Saniks vandalised the hotel, resulting in the arrest and the subsequent granting of bail to 12 Shinde supporters.

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