‘Matter of concern’: Dabholkar family to move SC after Bombay HC bail to second convict in murder case
A bench led by Justice Sarang V Kotwal granted bail to Sachin Andure, convicted of shooting the rationalist in 2013, citing parity with co-convict Sharad Kalaskar, who was released in April. Both men have appeals against their conviction pending.
The Bombay High Court on Tuesday granted bail to Sachin Andure, the second of two men convicted of shooting dead rationalist Dr Narendra Dabholkar in 2013, and suspended his life sentence while his appeal against the conviction remains pending. The rationalist’s daughter Mukta Dabholkar called the development a “matter of concern” and said the family would move the Supreme Court against it.
A bench led by Justice Sarang V Kotwal granted the bail citing parity with Sharad Kalaskar, the other convicted assailant, who was released on bail by the High Court on April 29.
Granting Kalaskar bail, a bench led by Justice Ajey S Gadkari had observed that no Test Identification Parade was conducted, and that identification through photographs shown to witnesses while he was already in custody “loses its sanctity”. The court had also noted Kalaskar’s seven and a half years in custody and that his appeal was unlikely to be disposed of in the near future.
Lawyers for the two convicts had argued that the CBI failed to conduct a Test Identification Parade and that the weapon used in the murder was never recovered. They argued that one eyewitness told the police he had not seen Andure shoot Dr Dabholkar, and that a second witness did not identify Andure’s photograph.
Dr Dabholkar, 67, a prominent anti-superstition campaigner and founder of the Maharashtra Andhashraddha Nirmoolan Samiti, was shot dead by two unidentified motorcycle-borne assailants in Pune on August 20, 2013.
In May 2024, a Pune special judge convicted Kalaskar and Andure as the assailants and sentenced them to life imprisonment. Three others were acquitted for insufficient evidence, including the alleged mastermind Dr Virendrasinh Tawade, lawyer Sanjiv Punalekar and activist Vikram Bhave. All the accused are linked to the right-wing charitable trust Sanatan Sanstha.
Both convicts have appealed against their conviction in the High Court. Those appeals are yet to be heard, and Tuesday’s order allows Andure to remain out of custody until they are decided.
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The family has already challenged Kalaskar’s bail in the Supreme Court.
Kalaskar and Andure had separately been granted bail by other High Court benches last year in the 2015 murder of CPI leader and activist Govind Pansare, in which both are accused.
That order, which cited nearly seven years of incarceration and the slow pace of the trial, did not free either man, as both were serving life sentences in the Dabholkar case. Kalaskar walked out only after the April order, and the High Court paved the way for Andure’s release on Tuesday.
“We will approach the Supreme Court as a family too against the Andure bail order once it is made available,” Mukta told The Indian Express.
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She said that despite two years having passed since the verdict, the CBI has not filed an appeal in the High Court against the acquittal of the three accused. The family, including Mukta and her brother Dr Hamid Dabholkar, filed its own appeal against the acquittals after the Pune court verdict.
Mukta said most of the accused in the murders of Dr Dabholkar, Pansare, scholar M M Kalburgi and journalist Gauri Lankesh are now out on bail. That includes the two convicted in the Dabholkar case, with the rest awaiting trial in the cases against them.
“So when all of the accused, including convicts, that too brought forward by top investigative agencies through their probes for killing all four rationalists merely for expressing their thoughts, are out on bail, it is a matter of concern for the safety of others and to bring justice to the four rationalists,” she said.
The Pune Police first investigated the killing and handed the case to the CBI in 2014 on the High Court’s direction. The High Court began monitoring the investigation in August 2015. The trial began in September 2021, after charges were framed against five accused.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
