Govind Pansare murder: Bombay High Court upholds bail granted to accused Samir Gaikwad

The Bombay High Court recently dismissed a petition filed by the Maharashtra government seeking cancellation of bail granted to Samir Gaikwad, accused in the murder of rationalist Govind Pansare. [State of Maharashtra v. Samir Gaikwad].Gaikwad was granted bail by the Kolhapur sessions court in 2017. Single-judge Justice Anuja Prabhudessai opined that Gaikwad has not violated any of the terms and conditions imposed on him when he was granted bail.“Though the application for cancellation of bail was filed within a short time (in 2018), the matter remained pending before this Court for considerable time. During the interregnum period, the trial has commenced and 19 witnesses have been examined. It is stated that Gaikwad has not violated the terms and conditions of the bail and has not misused his liberty,” the Court said in its order dated January 10. .Pansare was shot at in Kolhapur in February 2015 and succumbed to his injuries few days later. In August this year, the case was transferred to the Anti-Terrorism Squad of Maharashtra with assistance from Crime Investigation Department (CID) Special Investigation Team (SIT)..The Maharashtra government moved the Court seeking cancellation of bail on the ground that the earlier two applications by Gaikwad had been rejected on merits by the sessions court at Kolhapur.Additional public prosecutor Prajakta Shinde, who appeared for the State government, argued that the offence was serious and Gaikwad's bail applications was rejected twice before on the ground that eye witness had identified Gaikwad as the assailant.Later, the High Court had also rejected the bail application of the accused on July 11, 2016.The accused once again moved the sessions court which granted him bail on June 17, 2017. .Advocate Sanjiv Punalekar for Gaikwad pointed out that when the Kolhapur court granted bail in 2017, it was after noting that Pansare’s widow had identified the co-accused as the assailant..The High Court however, said that after it had rejected the bail application of the accused in July 2016, the sessions court could not have entertained the bail application of the accused.“Judicial propriety required the Sessions Court not to entertain the subsequent bail application. The course adopted by the learned Sessions Judge in entertaining and granting bail to the Respondent, despite the rejection of his earlier application by this Court on merits, amounts to grave indiscretion which impinges upon judicial discipline and propriety,” the Court recorded in its order..However, the Court also noted that the material produced by the prosecution prima facie raised doubt about Gaikwad’s involvement in the crime. Hence, it said that it was not inclined to cancel the bail.“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 Gaikwad. Hence, the Application is dismissed," Justice Prabhudessai held..[Read order]