Mumbai: The Bombay High court has refused to cancel bail plea of Samir Gaikwad, booked in connection with murder of rationalist Govind Pansare. The court also raised doubt on Gaikwad's involvement in the case.
Justice Anuja Prabhudesai, observed that, Gaikwad was alleged to be one of the main assailant on thr basis of the statement of a minor witness who identified as the man who was sitting on the bike and opened fire at Pansare.
However, the court noted that when the investigating agency filed supplementary chargesheet against another co-accused, the agency had recorded statement of Pansare's wife Uma. Uma however identified another accused as the person who opened fired at Pansare. Thus the court observed, "This subsequent material brought on record by the prosecution, prima facie raises a doubt about the involvement of the Respondent (Gaikwad) in the crime."
Bombay HC Raps Sessions Judge For Allowing Bail
While dismissing the plea of Gaikwad, Justice Anuja Prabhudesai, pulled up the sessions judge for allowing the bail plea on June 17, 2017, when it was rejected by High court.
The court said, "In the instant case, this Court (high court) having rejected the bail application on merits, the Respondent was required to file the subsequent bail application before this Court and not before the Sessions Court. The judicial propriety required the Sessions Court not to entertain the subsequent application for bail. The course adopted by the learned Sessions Judge in entertaining and granting bail to the Respondent, despite rejection of his earlier application by this Court on merits, amounts to grave indiscretion which impinges upon judicial discipline and propriety."
The court however subsequently noted that the bail was granted in 2017, and though the plea for cancelation was moved within a time, it was pending till now. In the meanwhile the court said, "During the interregnum period, the trial has commenced and 19 witnesses have been examined. It is stated that the Respondent has not violated the terms and conditions of the bail and has not misused his liberty. In such circumstances and particularly in view of the statement of the widow of the deceased, I am not inclined to cancel the bail."
