Nagpur: The high profile murder witnessed sudden dramatic changes immediately after the body of the deceased Rishi Khosla was found on the night intervening between 21st to 22nd Aug 2019. The murder reportedly took place around 12:30 a.m. The police swung into action and detained Micky Bakshi at around 2:00 a.m. and he was subjected to interrogation.
Micky Bakshi was produced before J. M. F. C. Judge S. D. Mehta on 22/08/2019. Appearing on behalf of Micky Bakshi, Advocate Prakash Naidu argued that his client has been falsely roped in the said crime and that Micky Bakshi has absolutely no nexus with the commission of the alleged offence.
Negating the allegations of the prosecution, whereby the prosecution has alleged that the crime had been executed by Micky Bakshi by engaging the services of the professional killers by giving them Supari to kill the deceased Rishi khosla.
Advocate Prakash Naidu argued that before making such reckless and unwarranted allegations, the prosecution first has to stand strong on its foot and the prosecution needs to firstly demonstrate the criminal intention of the accused get the murder executed, coupled with the very basic and essential ingredient of mend rea to commit the same. So also the alleged motive to commit the said murder needs to be pointed out by the prosecution which in their application for police custody remand application was bodacious lacking.
The police machinery cannot in the absence of any nexus, mens rea, motive, and criminal intention, proceed to arrest his client and especially when it was not the case of the prosecution that Micky Bakshi had himself committed the said murder. Arguing further, Advocate Prakash Naidu emphasized strongly on the aspect that the mitigating and incriminating chain between the alleged assaulters and Micky Bakshi had to be demonstrated by the police machinery by producing substantial and concrete evidence and statements of eye witnesses or otherwise.
The prosecution hammered on the aspect that the wife of Micky Bakshi had given a statement and had expressed her doubt that the said murder had been committed by Micky Bakshi and or one of her very close relative. Rebutting this argument Advocate Prakash Naidu pointed out that matrimonial litigations with regards to the custody of the son, divorce and maintenance was pending inter between Micky Bakshi and his wife.
However Micky Bakshi did not have any nexus with the deceased Rishi khosla. Taking advantage of the alleged murder, the wife of Micky Bakshi appears to be encashing the same by deliberately fastening his name, whereas she herself was not the witness to the murder. The prosecution prayed that in order to establish the nexus of Micky Bakshi with the alleged murder they wanted Police Custody Remand of the accused Micky Bakshi till 31/08/2019. The learned Magistrate after hearing both the sides remanded Micky Bakshi to police custody till 25/08/2019.
Advocate Prakash Naidu assisted by Homesh Chavhan, Rahul Rathe, Surabhi Godbole, Mitesh Bais appeared for Mickey Bakshi. APP represented the state.