Justice Amit Borkar, whereas refusing bail, underscored the gravity of the incident and noticed, “The allegations towards the applicant are of extraordinarily grave and disturbing nature. It is the precise case of the prosecution that the applicant, who’s a former elected consultant (MLA), overtly entered the cabin of the Senior Police Inspector at Hill Line Police Station, armed with a loaded revolver. It is alleged that he opened hearth and discharged two rounds of bullets upon the injured Mahesh Gaikwad, with the clear intention of inflicting his loss of life. It is additional alleged that he additionally aimed and fired at one other individual current, Rahul Patil, thereby trying to trigger him deadly accidents as nicely.”
#Ganpat Gaikwad, a former MLA from the Kalyan (East) constituency, filed a daily bail utility underneath Section 483 of the #Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in reference to a case registered at Hill Line Police Station, #Ulhasnagar. He is accused of offences underneath Sections 307 (try to homicide), 120(B) (legal conspiracy), 143, 147, 148, 149 (illegal meeting and rioting), 109 (abetment), 323 (voluntarily inflicting damage), and 504 (intentional insult to impress breach of peace) of the #Indian Penal Code, 1860, together with Section 30 of the Arms Act.
According to the prosecution, on February 2, 2024, the 2 gathered at Hill Line Police Station, every demanding legal motion towards the opposite. Around 9:30 p.m., Shiv Sena chief Mahesh Gaikwad, together with Rahul Patil and complainant Chainu Jadhav, was contained in the Senior Police Inspector’s cabin when #Ganpat Gaikwad and his affiliate Vicky Ganatra entered. A heated argument broke out between the 2 factions. As tensions escalated, Senior PI Anil Jagtap stepped out to regulate the scenario exterior the cabin.
The prosecution has alleged that after emptying all bullets from the revolver, the applicant seen that the injured Mahesh was nonetheless alive. At this level, the Ganpat is acknowledged to have sat on the Mahesh’s chest and inflicted a number of forceful blows on his head utilizing the butt of the revolver, an element not meant for assault, additional aggravating the assault.
“Such an act, if taken to be true, demonstrates not solely an intention to kill but additionally reveals the applicant’s dedication to make sure deadly penalties, no matter the placement and presence of cops,” Justice Borkar stated, including that these allegations, considered within the context of the place the place the incident occurred, contained in the cabin of a senior police officer throughout the 4 corners of a police station, add a critical dimension to the whole episode.
“A police station is presumed to be a safe place for redressal of disputes and safety of life and liberty. If a violent crime of this scale is allowed to happen inside such a protected zone, it shakes the arrogance of the general public within the means of regulation enforcement equipment to keep up peace and order. An individual, extra so a public consultant, partaking in such conduct displays not solely disregard for the rule of regulation but additionally sends a message of worry and intimidation to the residents at giant,” the courtroom noticed.
While passing the order, the Judge stated that the courtroom is acutely aware of the truth that an accused is presumed harmless till confirmed responsible. However, on the stage of contemplating bail, the courtroom can’t stay oblivious to the gravity of the offence and the way during which it was dedicated. “The nature of the allegations, the place of incidence, and the conduct of the applicant, as narrated within the FIR and corroborated prima facie by CCTV footage and medical proof, all counsel that the applicant’s act was not considered one of mere provocation or sudden anger, however a deliberate and violent assault carried out with aggression. Such circumstances militate towards the grant of bail at this stage,” the order learn.
The prosecution has positioned vital reliance on CCTV footage from throughout the police station and the footage has been made a part of the case report and, on preliminary examination, prima facie helps the account given by the primary informant and injured eyewitnesses. The courtroom famous that such digital proof performs a important function on the bail stage.
The ballistic report submitted by the Forensic Science Laboratory has confirmed that the bullets recovered from the injured sufferer’s physique had been fired from the revolver seized from the applicant. This scientific proof kinds a important hyperlink within the prosecution’s chain of occasions, establishing a robust prima facie connection between the weapon and the accidents sustained.
#Ganpat Gaikwad claimed the incident was the results of a sudden match of rage, missing any premeditated intent. However, the footage clearly confirmed him getting into the police station armed with a loaded revolver, which itself suggests acutely aware preparation, not an impulsive emotional outburst, the courtroom stated.
The prosecution additionally relied on an audio recording of an interview the applicant allegedly gave to a personal information channel, during which he’s heard admitting to his intent to kill Mahesh Gaikwad and exhibiting no regret. This admission was made voluntarily and within the public area, not underneath duress. The courtroom famous that it reveals a mindset of justification quite than repentance, reinforcing the prosecution’s place that the act was deliberate, intentional, and dedicated with impunity.
The courtroom discovered that the applicant’s rationalization lacks credibility, and the fabric on report clearly discloses a premeditated and violent act. At this stage, such conduct can’t be condoned, and the bail plea deserves to be rejected.
“The offence alleged towards the applicant, if in the end proved, shouldn’t be solely heinous but additionally indicative of a whole disregard for the rule of regulation and public security. The method during which the offence is alleged to have been dedicated, the placement the place it occurred, and the applicant’s personal post-incident conduct increase critical issues concerning the potential of obstruction of justice if he’s launched on bail/. In such circumstances, the Court finds that no case is made out for grant of bail at this stage,” the order stated.
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