In a relief for Goa Gutkha owner Jagdish Joshi, 68, the Bombay High Court on Monday suspended his sentence and granted him bail pending hearing in his conviction and 10-year-sentence by special Maharashtra Control of Organised Crime Act (MCOCA) court for aiding fugitive underworld don Dawood Ibrahim set up gutkha factory.
Justice Bharati Dangre granted bail to Joshi on furnishing a personal bond of ₹1 lakh. Pending hearing in the appeal, the court has also suspended his sentence. The HC was hearing an appeal filed by Joshi challenging his conviction and sentence. Joshi’s counsel, Aabad Ponda, argued that the conviction and order (of the special court) were erroneous and lacked substantial evidence. He argued that Joshi had been falsely roped into the said crime by the prosecution as he had no motive or intention to indulge himself in the commission of the said crime.
Joshi was a victim of circumstances
The counsel further argued that Joshi never had any pecuniary gain or benefit as a result of any kind of alleged continuing unlawful activity in order to attract the stringent provisions of the MCOCA. On the contrary he is a clear victim of circumstances of constant threats by underworld gang members, argued Ponda.
The special court, in January, convicted Joshi, Jamiruddin Ansari and 1993 bomb blast accused Farooq Mansuri alias Farooq Takla for criminal conspiracy under the Indian Penal Code (IPC) and under the stringent MCOCA for being part of an organised crime syndicate. Joshi was found guilty on charges of kidnapping and wrongful confinement. Ansari and Mansuri had also filed appeals before the high court against their conviction. According to the CBI, one of Joshi’s employees was sent to Karachi and forced to remain there for three years to operationalise the gutkha plant. Ansari was found guilty of charges of extortion and criminal intimidation and acquitted under charges of the Arms Act.
Dhariwal also named accused
Rasiklal Dhariwal, owner of Manikchand Gutkha, was also named as an accused in the case. However, the case against him was abated as he passed away in 2017 pending trial. Dawood, Anees and two others are shown as wanted in the case. As per the prosecution’s case, there was a financial dispute between Joshi and gutka businessman Rasiklal Dhariwal, as the latter owed him ₹259 crores. Dhariwal, who was a co-accused, died pending trial. Joshi had approached a relative to help settle the matter. Dhariwal settled the matter with the help of Dawood who he got in touch with through Anees with whom he had business relations. In the settlement he paid Joshi only ₹11 crores. As Dawood had helped the duo settle the issue, he took their help to set up gutka units in Karachi, Pakistan. After the special court convicted him, Joshi approached a division bench of the high court, which on February 10 noted that the plea pertained to the assignment of a single-judge bench. Joshi challenged the order of the division bench before the Supreme Court which directed his release on interim bail considering his age and ailments. Joshi will now be released on bail as per the high court order pending appeal hearing.
