PARTLY allowing the application filed by the prosecution to cancel the bail of Ram Jhula hit-and-run case accused Ritika alias Ritu Maloo, Additional Sessions Judge R S Patil-Bhosale, on Wednesday, permitted the State CID to arrest her. The prosecution had urged the court to amend the plea of Tehsil Police to cancel the bail of Maloo and arrest her as the probe was now entrusted to the State CID by the Nagpur Bench of Bombay High Court. Considering the application, the court stated that the collective interest of the near and dear of the two victims -- Mohd Hussain Gulam Mustafa and Mohd Ateef Mohd Zia -- and the community at large was also required to be seen. The Sessions Court quashed the bail order of the JMFC Court No 4 and set it aside. As far as the prayer of the prosecution for granting police custody remand to accused Maloo for 10 days was concerned, the court stated that it will arise only after her arrest. It may be recalled that the State CID, too, had filed its reply on the application filed by Adv Chandrashekhar Jaltare, the counsel of prime accused Maloo, seeking disposal of the plea filed by Tehsil police seeking cancellation of her bail under cognisable and non-bailable sections.

 

The defence counsel’s contention was that the Tehsil Police’s plea had become infructuous after the investigation was taken over by the State CID. The court, however, considered the prosecution’s plea for cancellation of Maloo’s bail and allowed the State CID to arrest her. Earlier, the High Court’s division bench of Justice Vinay Joshi and Justice Vrushali V Joshi had categorically stated in its order while entrusting the investigation to the State CID that the case be probed ‘thoroughly, properly, and expeditiously and take it to its logical end.’ The High Court had also directed the State CID to ensure the progress of the case was reviewed on a weekly basis by an officer not below the rank of an Assistant Commissioner of Police or Superintendent of Police.

 

The Division Bench had also stated in its order that one of the reasons for transferring the probe to the State CID was to do justice between the parties and to instill confidence in the society. “In conclusion, we are not satisfied about the mode and manner in which the investigating agency (Tehsil Police) had worked, and therefore, as an exceptional situation we are inclined to transfer the investigation to State agency with a hope and trust for an impartial, fair and truthful investigation,” the Division Bench added. Earlier, the court of Judicial Magistrate First Class had thrice rejected the pleas of the prosecution for allowing Tehsil Police to re-arrest Maloo who, allegedly under the influence of alcohol, drove her Mercedes car in a rash and negligent manner and collided with an Activa scooter killing two young men -- Mohd Hussain Gulam Mustafa and Mohd Ateef Mohd Zia -- at Ram Jhula on February 25.