PUNE, June 6: Bhagvat Kale and his wife Geetabai, both suspects in the Patil family murder case, on Thursday moved separate revision applications against the decision of Judicial Magistrate (First Class) R G Deshpande to extend their police custody till June 10.
Additional District and Sessions Judge A H Lohiya admitted their petitions.In the wake of a plea by the Yerawada police to remand them to an additional seven days in police custody, the magistrate had extended the police custody of all the three suspects, Bhagvat, Geetabai and Sahebrao Kale, on Wednesday.
While pointing out that Bhagvat Kale has been remanded to 20 days in police custody, his application said that under Section 167 (2) of the Code of Criminal Procedure the police remand of the accused cannot be more than 15 days.
Alleging that the orders to remand Bhagvat to police custody till June 10 were illegal, the application said, “The learned magistrate ought not to have merely considered the seriousness of the said offence but also ought to have considered the provisions of the law.”
The application said the orders by the magistrate should be set aside, and added that Bhagvat should be sent to the custody of Judicial Magistrate (First Class) Court No 5.
Geetabai’s application claimed that she had not committed any crime as alleged by the prosecution. It added that cash and ornaments were recovered from her on May 26. However, the police had failed to furnish further evidence in this regard. The remand reports submitted by the police when she was produced before the court to extend her police custody had nothing against her. While pointing out that Geetabai was six months pregnant, the application also stated that she required special treatment for her safety or her health could be seriously affected.