MUMBAI: Bombay high court has dismissed the state’s plea to cancel bail granted by a Kolhapur sessions court in 2017 to Samir Gaikwad, an accused in the murder of rationalist Govind Pansare, and passed strictures against the judge.
“The course adopted by the learned sessions judge in entertaining and granting bail to the respondent (Gaikwad) – despite rejection of his earlier application by this court on merit – amounts to grave indiscretion which impinges upon judicial discipline and propriety,” said Justice Anuja Prabhudessai on January 10.
On February 16, 2015, two bike-borne men had shot at Pansare and his wife Uma near their Kolhapur home. The CPI leader died at a Mumbai hospital four days later. Gaikwad was arrested on September 16, 2015. His bail applications were rejected twice by the additional sessions judge in Kolhapur – in January and in March 2016. HC rejected his bail plea on July 11, 2016. Then, on June 17, 2017, the same sessions judge granted him bail.
In HC, prosecutor Prajakta Shinde argued that despite two rejections by the same sessions court and even HC on merit, the sessions court granted Gaikwad bail when there was no change in circumstance.
But Gaikwad’s advocate Sanjiv Punalekar said after the HC order, an SIT of Maharashtra Police had filed a supplementary chargesheet which indicated that Pansare’s widow had identified a co-accused as an assailant. It is in view of this change in circumstance, Punalekar said, that the lower court granted him bail.
The court was told that Gaikwad has neither violated conditions of bail nor 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 granted to the respondent,” Justice Prabhudessai said.
“The course adopted by the learned sessions judge in entertaining and granting bail to the respondent (Gaikwad) – despite rejection of his earlier application by this court on merit – amounts to grave indiscretion which impinges upon judicial discipline and propriety,” said Justice Anuja Prabhudessai on January 10.
On February 16, 2015, two bike-borne men had shot at Pansare and his wife Uma near their Kolhapur home. The CPI leader died at a Mumbai hospital four days later. Gaikwad was arrested on September 16, 2015. His bail applications were rejected twice by the additional sessions judge in Kolhapur – in January and in March 2016. HC rejected his bail plea on July 11, 2016. Then, on June 17, 2017, the same sessions judge granted him bail.
In HC, prosecutor Prajakta Shinde argued that despite two rejections by the same sessions court and even HC on merit, the sessions court granted Gaikwad bail when there was no change in circumstance.
But Gaikwad’s advocate Sanjiv Punalekar said after the HC order, an SIT of Maharashtra Police had filed a supplementary chargesheet which indicated that Pansare’s widow had identified a co-accused as an assailant. It is in view of this change in circumstance, Punalekar said, that the lower court granted him bail.
The court was told that Gaikwad has neither violated conditions of bail nor 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 granted to the respondent,” Justice Prabhudessai said.
