Dhule lynching: ‘Not involved in actual commission of crime’, Bombay HC grants bail to 10 men

Thirty-five men were arrested by the Pimpalner police on charges, including murder, after five men from the nomadic community, Nath Panthi Davari Gosavi, were lynched on July 1, 2018 at Rainpada in Dhule district.

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The prosecution had objected to them being granted bail by stating that they had obstructed the police party, which was a “specific overt act” in the commission of the crime and that eyewitnesses had named them. (Representational Photo)

Over a year after five men were lynched by a mob in Dhule, 10 accused men were granted bail last month by the Bombay High Court’s Aurangabad bench, which observed that it has not been alleged that they were involved in the actual commission of the crime. These men had allegedly obstructed a police team from reaching the spot where the victims were being assaulted.

Thirty-five men were arrested by the Pimpalner police on charges, including murder, after five men from the nomadic community, Nath Panthi Davari Gosavi, were lynched on July 1, 2018 at Rainpada in Dhule district.

After suspecting the victims, who were in search of livelihood, to be child-kidnappers based on rumours on the social media, the accused locked the victims in the gram panchayat office and assaulted them with iron rods, chairs, wooden logs and planks.

“…The allegations have been made against them (applicants granted bail) to the effect that they have obstructed the police party, which arrived at village Rainpada, while entering the gram panchayat office where those five persons were confined and subjected to continuous beating by co-accused… there are no allegations about their involvement in the actual commission of crime,” Justice V K Jadhav said in the order.

Other co-accused, accused of assaulting the victims, had also filed for bail but withdrew their applications.

“It appears that several villagers gathered at the spot to protest against the police machinery for their inaction to nab the criminals wandering in the area. These applicants are either farmers or students. They are easily available for the trial,” the court said.

While nine accused — Siddharth Gangurde, Kishor Pawar, Ajit Gangurde, Raju Gavali, Sukmal Kambade, Rajaram Raut, Chunnilal Malich, Bandu Sable and Gulab Gaikwad — were granted bail by the HC, a person named Dipak Gangurde was granted bail by the Dhule sessions court on grounds of parity with others.

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In May, the sessions court had refused bail to three accused, allegedly involved in the assault, stating that the incident had brought about “serious repercussions in the entire nation” and had “tarnished humanity”.

Meanwhile, the state government has appointed Ujjwal Nikam as the prosecutor to argue the case before the trial court.

Sadaf Modak

Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues. Expertise Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports. Core Authority & Focus: Her work primarily centers on: Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system. Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on: Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates. Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children. Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions. Experience Institutional Affiliation: Reporting for The Indian Express—a leading national newspaper—ensures her coverage is subject to high editorial standards of accuracy, impartiality, and legal rigor. Impactful Detail: Her focus on trial courts provides readers with direct, detailed insights into the workings of the justice system, making complex legal narratives accessible and establishing her as a reliable and trusted chronicler of the legal landscape. Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism. She tweets @sadafmodak ... Read More

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