Sharad Bhausaheb Kalaskar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2622 OF 2025 Sharad Bhausaheb Kalaskar ...Applicant

Versus

State of Maharashtra

...Respondent

INTERIM APPLICATION NO.2983 OF 2025 IN CRIMINAL BAIL APPLICATION NO. 2622 OF 2025 Dr.Megha Pansare ...Applicant

IN THE MATTER BETWEEN :

Sharad Bhausaheb Kalaskar ...Applicant

Versus

State of Maharashtra

...Respondent

.....

Ms. Pushpa Ganediwala a/w Ms. Siddh Vidya a/w Mr. Virendra Ichalkaranjikar, Ms. Divya Maniar, Ms. Shalaka Karkar, Mr. Ramnik Pawar, Mr. Nagesh Joshi, Mr. Gururaj Rasal, Mr. Onkar Bajaj i/by Siddh Vidya and Associates for Applicant.

Mr. Amit Singh, a/w Ms. Payal Shah i/by Abhay Nevagi and Associates for Intervenor/Respondent No.2.

Ms. Veera Shinde, APP for the Respondent No.1-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

14th OCTOBER, 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.39 of 2015 registered with Rajarampuri Police Station, Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.10.17 16:36:10 +0530 SAJAKALI LIYAKAT JAMADAR

District Kolhapur for the offences punishable under Sections 302, 307, 120(B), 109, 201 r/w Section 34 of the Indian Penal Code (for short "IPC") and Sections 3(1)/(25),(1B)(a), 5/27 of the Arms Act, 1959.

2.

It is prosecution's case that on 16.02.2015, deceased Govind Pansare and his wife were walking towards their house, at that time two bike-borne unknown assailants fired at them using a pistol and ran away. The injured Pansare and his wife were admitted in the hospital. Pansare succumbed to his injuries and his wife survived. During investigation, Police have arrested the applicant along with coaccused. The role attributed to the applicant is that he built a pistol in a fabrication workshop. The applicant and co-accused Amol Kale stayed at Sangita Lodge under false names - 'Sandip Patil' and 'Aakash Patil', respectively. It is alleged that the applicant has participated in fire arm and explosives training sessions, attended pipe bomb training in Kinaye, Belgaum in February - 2015 facilitated by co-accused Bharat Kurne. He was present in planning meetings in Kolhapur related to the conspiracy to assassinate Pansare and destroyed incriminating evidence including mobile phones and diaries during the period of the Pansare's murder.

3.

It is contention of learned counsel for applicant that the applicant is behind bar for more than six years. Out of 231 witnesses, only 29 witnesses are examined. The learned counsel further submitted that the statement given by the applicant cannot be used against him. The other co-accused against whom the same allegations are levelled i.e. Amit Degvekar, Vasudev Suryawanshi, Bharat Kurane, Sachin Andure have been released on bail by this Court in (CORAM : ANIL S. KILOR, J.). Hence, the applicant is entitled for bail on the principle of parity. The present applicant has also been released on bail in the murder case of Gauri Lankesh, MM Kalburgi and in Nalasopara arms haul case and requested to allow the application. 4.

It is contention of learned APP along with learned counsel for Respondent No.2 that the applicant gave training to other coaccused of arms handling, petrol bomb preparation, pistols/weapon training. He also learnt how to make electric circuit bomb, pipe bomb and hand grenade. Learned APP further submitted that the coaccused Sudhnva Gondhlekar (Pandey) handed over bag with guns and live bullets to present applicant having 3 pistols and 21 round (bullets). Learned APP further submitted that the learned Sessions Court, Pune has convicted the applicant to life imprisonment following full-fledged trial, where he was identified as a shooter, who

gunned down Dr. Narendra Dabholkar. The applicant was also arrested in Nalasopara arms haul case. Learned APP further submitted that in the murder of Gauri Lankesh, applicant was involved in planning and given responsibility of disposing off weapons used by the shooter. Considering allegations against the applicant, ground of parity will not be applicable. The applicant was involved in the criminal conspiracy against Gauri Lankesh, Narendra Dabholkar, Govind Pansare and M.M. Kalburgi. Hence, requested to reject the application.

5.

I have heard all the learned counsels. The role attributed to the applicant in the present crime is of participating in training of arms and conspiracy. The co-accused Amit Degvekar, Vasudev Suryawanshi, Bharat Kurane, Sachin Andure have been released on bail by this Court having the similar allegations. The applicant is behind bar more than six years. It may take time to conclude the trial. Considering these facts, the applicant is entitled for bail on the principle of parity and I pass the following order:

ORDER

(i) The application is allowed.

(ii) The applicant be enlarged on bail in in Crime No.39 of 2015 registered with Rajarampuri Police Station, District Kolhapur, on executing P.R.Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iii) If the applicant is not in jail in any other offence, on release of the applicant in the present crime, he shall attend Rajarampuri Police Station, Kolhapur on every 1st and 16th of each month between 10.00a.m. and 12.00 noon till conclusion of the trial, except on the date of trial of this case or any other case; (iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

(v) Liberty is granted to the State for cancellation of bail if the applicant breaches any condition or misuses the liberty or commits similar offence;

6.

The application is allowed in the aforesaid terms and is accordingly disposed off.

7.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

8.

In view of disposal of Bail Application, Interim Application does not survive and stands disposed off accordingly. 9.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)