Bombay HC Upholds Bail for Samir Gaikwad in Govind Pansare Murder Case

Bombay HC Upholds Bail for Samir Gaikwad in Govind Pansare Murder Case

Recently, the Bombay High Court, in a recent decision, dismissed the State Government's petition challenging the bail granted to Samir Gaikwad, an accused in the Govind Pansare Murder Case

Justice Anuja Prabhudesai, presiding over a single-judge bench of the high court, declared that Samir Gaikwad had not breached any bail conditions nor had he abused the freedom granted to him.

“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 order reads.

Back on February 16, 2015, Govind Pansare was fatally shot in Kolhapur, and he succumbed to his injuries four days later.

Initially, the local police handled the investigation, but due to a lack of progress, it was later transferred to the CID SIT (Criminal Investigation Department Special Investigation Team).

Later, in August 2023, after several years, the case was transferred to the Anti-Terrorism Squad. It's noteworthy that Gaikwad had been granted bail by the Sessions Court of Kolhapur in 2017.

The Maharashtra Government approached the high court, requesting the cancellation of bail, citing the grounds that Gaikwad's two previous applications had been denied by the Sessions Court based on merit.

She contended that the nature of the offence is grave, justifying the cancellation of bail. Following the initial rejections of bail applications, Gaikwad appealed to the high court, but the appeal was denied in July 2016. Subsequently, in June 2017, Gaikwad submitted a new bail application before the Sessions Court, which was granted this time.

Advocate Sanjiv Punalekar, who represented Gaikwad, contended that Pansare's widow had identified the co-accused as the assailant, not Gaikwad.

The bench observed that the Sessions Court's decision to entertain Gaikwad's bail, despite the high court's previous denial, constitutes a serious indiscretion, encroaching upon judicial discipline and propriety.

The high court noted that, considering the statement of Pansare’s wife, there is prima facie doubt about Gaikwad’s involvement in the crime. Therefore, the high court rejected the state government’s plea to cancel the bail granted to Gaikwad.

Case title: State of Maharashtra vs Samir Gaikwad

 

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