The Bombay Excessive Court docket on Tuesday (August 18) granted bail and suspended the life sentence awarded to right-wing extremist Sachin Andure, a major convict within the homicide case of rationalist Dr Narendra Dabholkar, who was shot useless in August 2013.
A division bench of Justice Sarang Kotwal and Justice Ranjitsinha Bhonsale pronounced the order.
An in depth copy of the order is but to be made obtainable.
Co-convict Sharad Kalaskar was granted bail by a co-ordinate bench led by Justice Ajay Gadkari in April this 12 months.
Andure by means of his counsel Virendra Ichalkaranjikar had sought bail and suspension of sentence pending the ultimate disposal of his enchantment difficult the particular UAPA court docket’s Could 10, 2024 judgment by which he together with co-accused Sharad Kalaskar was convicted and awarded life sentence.
One of many main grounds for searching for bail that Andure highlighted was that no Check Identification Parade (TIP) was carried out by the CBI and that some witnesses had instantly recognized him in court docket. He additionally identified discrepancies within the testimonies of eye witnesses, whereby some witness claimed to have seen him taking pictures Dabholkar and a few denied seeing him on the spot.
One other floor raised was lengthy incarceration and the truth that his enchantment difficult the particular court docket’s verdict wouldn’t be taken up for listening to in close to future.
The Dabholkar household nevertheless opposed the plea arguing {that a} fallacious message might be despatched within the society as not solely Dabholkar however different thinkers and intellectuals like Comrade Govind Pansare, Journalist Gauri Lankesh and rationalist MM Kalburgi too have been killed in comparable method. It argued {that a} nicely deliberate conspiracy was hatched to eradicate sure voices.
Notably, the particular court docket had convicted Andure and Sharad Kalaskar underneath expenses of homicide (part 302) and customary intention (part 34) of the Indian Penal Code. The Court docket had acquitted the opposite co-accused – Dr Virendra Tawade (alleged mastermind of the homicide), Vikram Bhave and advocate Sanjeev Punalekar, from expenses of homicide, frequent intention, and felony conspiracy (part 120B). It had additionally not convicted any of the 5 accused for terrorist acts (part 16) of the Illegal Actions (Prevention) Act (UAPA) and the related provisions of the Arms Act.
Dabholkar, who labored in opposition to superstitions by means of his organisation Maharashtra Andhashraddha Nirmoolan Samiti, was shot useless by two bike-borne males on a morning stroll in Pune on August 20, 2013. The Central Bureau of Investigation (CBI), which took over the investigation in 2014 following a Bombay Excessive Court docket order, recognized Andure and Kalaskar because the perpetrators behind the heinous crime.
The trial within the case started in 2021, although the classes case had been instituted in 2016.
The prosecution argued that Dabholkar’s homicide was a part of a conspiracy to silence voices difficult superstition and selling rationalism. The accused mentioned to be affiliated with the right-wing group Sanatan Sanstha, allegedly sought to instil concern in these working in opposition to superstition.
In 2015, Dabholkar’s household petitioned the Excessive Court docket for the formation of an impartial Particular Investigation Staff (SIT) to probe the case. The Excessive Court docket started monitoring the investigation in August 2015. Nevertheless, in December 2022, the Excessive Court docket determined to discontinue monitoring the investigation, expressing confidence within the trial course of.
Quickly after the Pune Court docket’s verdict, Dabholkar’s relations led by his daughter Mukta filed an enchantment within the Excessive Court docket difficult the choice of the particular court docket to acquit the three accused from the case. One other cross enchantment can also be filed by Kalaskar and Andure, each difficult their convictions.
