Narendra Dabholkar Murder Case: Bombay HC Grants Bail To Sharad Kalaskar; Cites Doubts Over Identification Evidence
· Free Press Journal
Mumbai, April 29: The Bombay High Court on Wednesday suspended the life sentence of Sharad Kalaskar and granted him bail in the 2013 murder of rationalist Narendra Dabholkar, noting serious doubts over the prosecution’s identification evidence and the long delay in hearing his appeal.
A bench of Justices Ajey Gadkari and R R Bhonsale directed his release on furnishing a personal bond of Rs 50,000.
Visit sportbet.reviews for more information.
Dabholkar, 67, the founder of the Maharashtra Andhashraddha Nirmoolan Samiti, an anti-superstition organisation, was shot dead by two motorcycle-borne assailants while on a morning walk in Pune on August 20, 2013. He was shot by persons allegedly linked to the radical outfit Sanatan Sanstha.
Case transferred to CBI
Initially, the case was probed by the Deccan police station, Pune. Following a petition by his daughter Mukta Dabholkar, the investigation was transferred to the CBI in 2014.
Senior advocate Niteen Pradhan and advocate Shubhada Khot, representing Kalaskar, raised questions about his identification by eyewitnesses and also the manner in which it was done.
Court questions identification evidence
The bench agreed with the defence arguments and expressed reservations about the credibility of key eyewitnesses relied upon by the prosecution. “A bare perusal of evidence… would clearly indicate that both the witnesses are chance witnesses,” the bench observed.
It added that their conduct in not immediately approaching the police after witnessing a “ghastly assault” was “not of the men of common prudence and raises doubt in the mind of the Court about their witnessing the incident”.
The court also found fault with the manner in which Kalaskar’s identity was established. It noted that although the investigating agency had the opportunity to conduct a test identification parade, it instead relied on showing photographs of the accused to witnesses after he was already in custody.
“As the prosecution has tried to establish the identity… by showing his photographs… the said identification loses its sanctity,” the bench said.
Referring to settled legal principles, the court reiterated that while a test identification parade is not mandatory, it becomes desirable where the accused is a stranger to the witness.
Delay in appeal hearing noted
The court also took into account the long incarceration of Kalaskar, who has been in custody since September 3, 2018, and has spent over seven-and-a-half years behind bars. Given the backlog of appeals, the bench noted that the likelihood of his appeal being heard in the near future was “remote”.
“Taking into consideration the overall view… the substantive sentence imposed upon him can be suspended,” the court held, granting bail on a personal bond of Rs 50,000 with sureties and imposing reporting conditions at a Pune police station.
The court rejected a plea by the intervener to stay the order, stating that it had already expressed doubt about Kalaskar’s identification as one of the assailants.
Also Watch:
Bombay HC Grants Bail To Sharad Kalaskar In Narendra Dabholkar Murder CaseConviction under challenge
Kalaskar was convicted along with Sachin Andure, while several co-accused were acquitted by the trial court.
On May 10, 2024, the Sessions Court convicted Sachin Andure and Sharad Kalaskar for Dabholkar’s murder, sentencing them to life in prison. However, they were acquitted of charges under the Unlawful Activities (Prevention) Act (UAPA) and the Arms Act. The court also acquitted Virendra Singh Tawde, Sanjiv Punalekar, and Vikram Bhave, citing insufficient evidence.
Kalaskar challenged his conviction before the high court. Pending hearing on appeal, he sought bail and suspension of sentence.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/