Mumbai: The Supreme Court of India has granted bail to Kadar Inamdar, an accused in the 2020 murder of Shiv Sena (undivided) leader Rahul Shetty, deprecating the practice of the high court in going into “detailed elaboration of evidence in the orders granting or rejecting bail/anticipatory bail”. On May 10, a division bench of Justices BR Gavai and Sanjay Karol also observed that they have deprecated the practice of reserving the order on bail pleas and then pronouncing it after long delay.
Plea to challenge HC order refusing bail
The apex court was hearing a plea filed by Inamdar challenging the order of the Bombay High Court, refusing his bail. Shetty, a former local unit president of Shiv Sena in Lonavala, was attacked by two persons when he was having tea at a roadside stall on October 26, 2020. The two assailants fired three rounds at him – two hit his head and the third his chest – and also attacked him with a sharp axe. Shetty’s father, Umesh Shetty, one of the founding members of Shiv Sena, was murdered in Maval in 1986.
Sana Raees Khan, Inamdar’s advocate, argued that he has been charged with conspiracy, however, there is no evidence in the charge-sheet corroborating the accusations. Further, no motive has been attributed, she pointed out.
Khan further argued that the HC reserved the order on Inamdar’s bail plea on July 5, 2022, and pronounced the order on September 29, 2022, after a delay of almost three months, which is not in tune with the Constitutional mandate.
Inamdar, a part of conspiracy hatched to eliminate Shetty, say govt counsels
Counsels for the state government submitted that Inamdar is a part of conspiracy hatched to eliminate Shetty. Disagreeing, the apex court said that on April 27, it (SC), “had deprecated the practice of detailed elaboration of evidence in the orders granting or rejecting bail/anticipatory bail.”
Noting that the delay in the present case was of three months, the SC said that the courts are expected to pass order expeditiously in matters pertaining to liberty of a citizen. It pointed out that a co-accused was granted bail in 2021, which has not been challenged by the state.
The charge-sheet does not show that Inamdar’s role “stands on a higher pedestal” than that of co-accused. Besides, he has been behind bars for two-and-half years and the charges are yet to be framed, said the SC, while granting relief.
