BJP MLA Nitesh Rane refuses to file bond of good behaviour to Mumbai Police

Nitish Rane. File pic

BJP MLA Nitesh Rane has filed a reply to the assistant commissioner of police and has refused to furnish a bond of good behaviour after a notice was issued to Nitesh Rane under the Code of Criminal Procedure (CrPC) 110 to furnish a bond of good behaviour and termed the show cause notice "bad in law".

This show cause notice was issued to him after he along with his father Union Minister Narayan Rane, was booked in a case at Malvani police station in relation to his statements about Disha Salian's death case investigation.

Assistant Commissioner of Police Shailendra Dhivar, under his powers as Special Executive Magistrate had issued a show-cause notice to the BJP MLA asking him to execute a good behaviour bond as per CrPC 110, the notice is part of the chapter proceedings initiated against a person facing many cases.

Nitesh Rane has filed his reply to the show-cause notice through his lawyer Namita Maneshinde and has said that the notice issued to him dated April 1, 2022, is misconceived and unfounded and hence he requested the ACP to withdraw or recall the show cause notice of April 1, 2022.

After Nitesh Rane's refused to submit a bond of good behaviour, the hearing on the same has been postponed to April 20.

"Prima facie the said notice is illegal and bad in law and has been issued without application of mind and with malafide intent. Section 110 of the Code of Criminal Procedure, 1973, deals with security for good behaviour from habitual offenders," Nitesh Rane said in his reply to the notice.

"Present Respondent has never been convicted of any offence whatsoever, the said Section would not be applicable to him and hence, the issuance of the present Show Cause Notice under Section 110 of the Code of Criminal Procedure, 1973, is bad in law," he added

In his reply to the notice, he has mentioned the order of the sessions court giving anticipatory bail to him in the case of Malvani police station after which he was issued this notice under CrPC 110.

"Ld. Sessions Judge has observed that the factual scenario of the case does not reveal the commission of any grave crime. In light of the observations of the Ld. Sessions Judge, it is prima facie apparent that the crime was registered with oblique motive and no case has been made out against the Respondent. That given the observations of the Ld. Sessions Judge in respect of Crime No. 118 of 2022, the present precipitatory action based on such a mala fide prosecution is nothing but a further injustice against the Respondent."

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