Mumbai: The Supreme Court has granted bail to Hemant Gaikwad who was accused of shooting at Ex Deputy Sarpanch of Bhivri Village in Pune in 2018.
A bench of Justices BR Gavai, JB Pardiwala and Sanjay Kumar recently granted bail to Gaikwad observing the case arises out of cross FIRs and all other 14 accused have been released on bail and further that the petitioner has been incarcerated for a period of almost five years.
On July 31, 2018, Gaikwad and 16 others allegedly formed an unlawful assembly and shot at Santosh Dalvi. A FIR was registered by Saswad Police station on a complaint by Santosh’s father, Sadhu Dalvi. In all 17 persons were arrested for their alleged complicity in Santosh’s murder. Of these, two died and the other 14 have been released on bail.
Sana Raees Khan, Gaikwad’s advocate, submitted that according to the police, Gaikwad fired the gun at Santosh. However, the post mortem report states that Santosh’s death was due to head injury. A country made revolver was found on the spot without evidence of any actual firing in the nature of empty cartridges casting grave doubt on the investigation
Murder victim's father changed statement
Besides, Dalvi, in his statement before the magistrate, did not attribute the role of firing to Gaikwad and changed his version by attributing the role of pelting stones to the petitioner thereby falsifying his own testimony, added Khan.
She further argued that the role attributed to accused Dattraya Katke, who has already been released on bail, is more grievous as compared to that of Gaikwad. State’s advocate Siddharth Dharmadhikari opposed the bail contending that Gaikwad is involved in a serious offence of shooting the deceased.
Bench of justices inclined to grant the bail
“However, taking into consideration the fact that the case arises out of cross FIRs and all other 14 accused have been released on bail and further that the petitioner has been incarcerated for a period of almost five years, we are inclined to grant bail,” said the bench.
