Bombay High Court denies bail to former BJP MLA in attempt to murder case

Citizens involved in public life cannot act as if they are above the law, the Bombay High Court recently observed while refusing to grant bail to former BJP MLA Ganpat Kalu Gaikwad in an attempt to murder case [Ganpat Kalu Gaikwad v State of Maharashtra].

Ganpat Gaikwad is accused of attempting to murder a rival politician inside a police station in February 2024.

Single-judge Justice Amit Borkar said that a wrong message would be sent to society if the former MLA is given bail in such a case, particularly since the trial against him is at an early stage.

"The law cannot allow a situation where citizens, especially those involved in public life, act as if they are above the law, even within the premises of law enforcement agencies. Such an incident, if not dealt with strictly and if bail is granted at this early stage of trial, may send a wrong and dangerous message to society, that influence and status can override the seriousness of the crime and that the justice system can be circumvented by those with power. It may also create an impression that even the courts are helpless in ensuring accountability where public office bearers are involved," the August 5 ruling said.

The Court also noted that the material on record prima facie disclosed a pre-planned and violent act, which cannot be condoned at the stage of bail.

"If a violent crime of this scale is allowed to take place within such a protected zone, it shakes the confidence of the public in the ability of law enforcement machinery to maintain peace and order," the judge further said.

The case stemmed from an incident on February 2, 2024 at the Hill Line Police Station in Ulhasnagar where Ganpat Gaikwad, a three-time MLA from Kalyan (East), allegedly opened fire at Mahesh Gaikwad, a former Shiv Sena corporator, during a confrontation between rival political groups.

According to the prosecution, Ganpat Gaikwad fired six rounds and then sat on the victim’s chest, striking him repeatedly with the butt of his revolver.

Another accused Harshal Kene also allegedly fired additional rounds and assaulted others present. CCTV footage captured the attack and ballistic reports confirmed the bullets matched Ganpat Gaikwad’s revolver.

Gaikwad's counsel argued that the incident was not premeditated but occurred in a sudden fit of rage after he saw his son being assaulted outside the station.

He contended that the act, at most, attracted Section 308 (attempt to commit culpable homicide not amounting to murder) of the Indian Penal Code (IPC) and stressed that Gaikwad had been in custody for over 17 months.

Special Public Prosecutor opposed the plea, pointing to CCTV evidence, forensic reports, an audio clip where Gaikwad allegedly admitted intent to kill and the likelihood of witness intimidation due to his political influence.

Taking into account the seriousness of the offence and the evidence presented, the Court remarked that both the CCTV footage and the ballistic report, being objective and technical in nature, lend credible and substantial support to the version of the prosecution.

"The possibility of the applicant misusing his position and liberty, if released, is a relevant and compelling ground to decline bail," the Court added.

Therefore, the Court refused to grant bail.

Senior Advocate Kevic Setalvad instructed by advocate Rahul Arote appeared for Ganpat Gaikwad.

Advocate Abhishek Kulkarni with advocate Sagar Wakale appeared for victim Mahesh Gaikwad.

Special Public Prosecutor Ashish Chavan with Additional Public Prosecutor Mayur Mohite and Megha Bajoria appeared for the State.

[Read Order]