Nepal national accused of murder of Mumbai man released over lack of identification parade

A 40-year-old Nepal national, who was arrested in connection with a murder case in December last year was released on bail by a city sessions court last week. The court pulled up the prosecution for not conducting a test identification parade (TIP) following his arrest.

On November 21 last year, Andheri (East) resident Sapna Gaikwad received a call from her husband Sanjay at night who said that an unknown person had beaten him up outside a country liquor shop in the nearby area. Sapna rushed to the spot and found her husband sitting behind Marol pipeline bus stop.

As per the prosecution, after returning home, Sanjay told his wife that his right thigh is paining, so she massaged his leg and he slept. But the next morning, he woke up with a swollen thigh and she took him to Cooper Hospital.

The police recorded Sanjay’s statement in the evening on November 22 where he told police that an unknown “Nepali person” assaulted him. Sanjay however died during treatment on November 23. Following this, the Sahar police registered a case of murder against the unknown person.

Advocate SS Tiwari, appearing for the accused Bheem Bahadur Thapa, told the court that Thapa’s name is “nowhere disclosed in the FIR or in the witnesses’ statement. He has been arrested only because he is a Nepal national and as per the statement of the witnesses, Sanjay was beaten by a Nepal national.”

Tiwari further argued that no TIP has been conducted.

Additional sessions judge observed in his order, “The TIP is also not conducted, in spite of the fact that the assailant was not known to the prosecution witnesses. There is no plausible explanation tendered by the prosecution for not conducting the TIP. In the reply also, nothing has been stated about the TIP.”

Additional public prosecutor KY Salunke told the court that the offence is serious in nature and since Thapa is a Nepal national, the possibility of him absconding cannot be ruled out.

The court held that “the cause of death is not ascertained as there is nothing on record to that effect. The intention of the assailant to commit the murder is also doubtful at this stage.”

The court released Thapa on bail last week.