The Bombay high court on Monday rejected gangster Arun Gawli’s application to be released on bail in a murder case. Gawli is presently serving a life imprisonment for the 2007 murder of Shiv Sena corporator Kamlakar Jamsandekar. He had urged the court to release him on bail pending hearing of his appeal. Public prosecutor Sandeep Shinde had opposed the bail plea. A division bench of Justice Ranjit More and Justice Anuja Prabhudessai dismissed the application saying no case was made out to release the gangster on bail.
Jamsandekar was shot down at point blank range by sharp shooters at the corporator’s Asalpha, Andheri (East) residence in March 2007 . According to the prosecution, Gawli was allegedly paid Rs 30 lakh for the murder. Gawli, was arrested in May 2008 and was booked under the anti-gangster law Maharashtra Control of Organised Crime Act. A special court in 2011 convicted Gawli and 11 others for the murder. He was sentenced to life imprisonment.
In his bail application, Gawli claimed that he had been falsely implicated and there was no evidence about his involvement in the crime. The HC did not agree.
“It emerges that the accused is held guilty of serious offences punishable under the provisions of MCOC Act. The findings of the trial court are prima facie based on the evidence on record. We are therefore unable to hold at this stage that there are no grounds to believe that the accused is not guilty of the offence in question,” said the judges. Gawli’s plea that he was in jail for the last seven years and should be released on bail also failed to impress the HC. “The offences are of grave and serious nature. Considering the gravity of the offence, the antecedents of the accused and the societal interest, in our considered view the he would not be entitled for bail solely on the ground that he is in custody since the year 2008,” added the judges.
Gawli had also cited his mother’s illness to secure bail. This too did not find favour with the court. “The alleged ailment suffered by the mother of the accused is age related and cannot be considered as grave or life threatening. Furthermore, apart from (Gawli) there are other family members to take care of his mother. Hence, we are of the view that the sickness of the mother of the accused is not a ground for releasing the applicant on bail.”