MUMBAI: The Bombay High Court has dismissed the state’s plea to cancel the bail granted by a Kolhapur sessions court in 2017 to Samir Gaikwad, an accused in the murder case of rationalist Govind Pansare. The High Court has also criticized the judge for granting bail, despite previous rejections by higher courts.
According to Justice Anuja Prabhudessai, the sessions judge’s decision to grant bail to Gaikwad, despite rejection by the High Court in an earlier application, is a significant breach of judicial discipline and propriety. The court passed strictures against the judge on January 10.
Govind Pansare, a CPI leader, and his wife Uma were shot at near their Kolhapur home by two bike-borne men on February 16, 2015. Pansare succumbed to his injuries four days later in a Mumbai hospital. Gaikwad was arrested on September 16, 2015. Despite his bail applications being rejected twice by the additional sessions judge in Kolhapur, Gaikwad was granted bail by the same judge on June 17, 2017.
In court, prosecutor Prajakta Shinde argued that there had been no change in circumstances since Gaikwad’s previous bail application rejections. However, Gaikwad’s advocate, Sanjiv Punalekar, contended that a supplementary chargesheet filed by the Maharashtra Police’s Special Investigation Team (SIT) stated that Pansare’s widow had identified a co-accused as an assailant. Punalekar claimed that this change in circumstance led to the grant of bail by the lower court.
Justice Prabhudessai noted that Gaikwad had not violated his bail conditions or misused his liberty. Moreover, considering the statement made by the widow of the deceased, the court decided not to cancel Gaikwad’s bail.
The case has sparked controversy, with the decision of the sessions judge to grant bail to an accused facing such serious charges being questioned. The High Court’s dismissal of the state’s plea and the subsequent criticism of the sessions judge have added to the debate surrounding the case.
The Bombay High Court’s ruling in favor of Gaikwad comes as a blow to those seeking justice for Govind Pansare’s murder and underlines the importance of maintaining judicial discipline and propriety in the Indian legal system.
