Bombay HC’s decision upheld: Plea dismissed in Dabholkar murder case bail challenge

Bombay HC’s decision upheld: Plea dismissed in Dabholkar murder case bail challenge

In a significant development, the Supreme Court has dismissed a plea filed by Mukta Dabholkar, the daughter of the late Maharashtra rationalist Narendra Dabholkar, challenging the Bombay High Court's decision to grant bail to Vikram Bhave, an accused in the murder case. Narendra Dabholkar, a staunch advocate against superstition, was shot dead by two assailants on motorcycles in Pune on August 20, 2013.

A bench comprising Justices M M Sundresh and SVN Bhatti upheld the high court's decision, stating that the order granting bail to the accused was justified. Senior advocate Anand Grover, representing Mukta Dabholkar, argued the gravity of the case, pointing to a forensic examination where one witness implicated the accused. However, the apex court noted that the high court had scrutinized the evidence, finding inconsistencies in the co-accused's statement.

The Supreme Court emphasized that the accused had been out on bail since May 6, 2021. Mukta Dabholkar had approached the apex court against the Bombay High Court's order, asserting that the material provided by the Central Bureau of Investigation (CBI) did not establish reasonable grounds for concluding the accusations against Bhave as prima facie true.

Vikram Bhave, accused of aiding the assailants Sachin Andure and Sharad Kalaskar in the murder of Dabholkar, was arrested by the CBI in 2019. The CBI alleged that Bhave had facilitated a reconnaissance of the crime scene and the escape route after the incident. Sanjeev Punalekar, an advocate arrested alongside Bhave, was granted bail by a sessions court in Pune in June 2019.

The investigation revealed that Punalekar had instructed Kalaskar to destroy the firearms used in the crime. Bhave, previously employed as Punalekar's assistant, was implicated for accompanying the assailants during the pre-crime reconnaissance.

In 2021, a special Pune court framed charges against Virendra Sinh Tawde, the alleged mastermind, and three others. Tawde and others faced charges of murder, criminal conspiracy, and terror-related offenses under the Unlawful Activities (Prevention) Act. Additionally, Sanjeev Punalekar was charged with the destruction of evidence.

The dismissal of the plea marks a crucial development in the ongoing legal proceedings surrounding the murder of Narendra Dabholkar, shedding light on the complexities and challenges faced by the investigative agencies in establishing the guilt of the accused.

 

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