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The Bombay High Court on Tuesday (August 18) granted bail and suspended the life sentence awarded to right-wing extremist Sachin Andure, a prime convict in the murder case of rationalist Dr Narendra Dabholkar, who was shot dead in August 2013.

A division bench of Justice Sarang Kotwal and Justice Ranjitsinha Bhonsale pronounced the order.

A detailed copy of the order is yet to be made available.

Co-convict Sharad Kalaskar was granted bail by a co-ordinate bench led by Justice Ajay Gadkari in April this year.

Andure through his counsel Virendra Ichalkaranjikar had sought bail and suspension of sentence pending the final disposal of his appeal challenging the special UAPA court's May 10, 2024 judgment by which he along with co-accused Sharad Kalaskar was convicted and awarded life sentence.

One of the major grounds for seeking bail that Andure highlighted was that no Test Identification Parade (TIP) was conducted by the CBI and that some witnesses had directly identified him in court. He also pointed out discrepancies in the testimonies of eye witnesses, wherein some witness claimed to have seen him shooting Dabholkar and some denied seeing him on the spot.

Another ground raised was long incarceration and the fact that his appeal challenging the special court's verdict would not be taken up for hearing in near future.

The Dabholkar family however opposed the plea arguing that a wrong message will be sent in the society as not only Dabholkar but other thinkers and intellectuals like Comrade Govind Pansare, Journalist Gauri Lankesh and rationalist MM Kalburgi too were killed in similar manner. It argued that a well planned conspiracy was hatched to eliminate certain voices.

Notably, the special court had convicted Andure and Sharad Kalaskar under charges of murder (section 302) and common intention (section 34) of the Indian Penal Code. The Court had acquitted the other co-accused - Dr Virendra Tawade (alleged mastermind of the murder), Vikram Bhave and advocate Sanjeev Punalekar, from charges of murder, common intention, and criminal conspiracy (section 120B). It had also not convicted any of the five accused for terrorist acts (section 16) of the Unlawful Activities (Prevention) Act (UAPA) and the relevant provisions of the Arms Act.

Dabholkar, who worked against superstitions through his organisation Maharashtra Andhashraddha Nirmoolan Samiti, was shot dead by two bike-borne men on a morning walk in Pune on August 20, 2013. The Central Bureau of Investigation (CBI), which took over the investigation in 2014 following a Bombay High Court order, identified Andure and Kalaskar as the perpetrators behind the heinous crime.

The trial in the case began in 2021, though the sessions case had been instituted in 2016.

The prosecution argued that Dabholkar's murder was part of a conspiracy to silence voices challenging superstition and promoting rationalism. The accused said to be affiliated with the right-wing organization Sanatan Sanstha, allegedly sought to instil fear in those working against superstition.

In 2015, Dabholkar's family petitioned the High Court for the formation of an independent Special Investigation Team (SIT) to probe the case. The High Court began monitoring the investigation in August 2015. However, in December 2022, the High Court decided to discontinue monitoring the investigation, expressing confidence in the trial process.

Soon after the Pune Court's verdict, Dabholkar's family members led by his daughter Mukta filed an appeal in the High Court challenging the decision of the special court to acquit the three accused from the case. Another cross appeal is also filed by Kalaskar and Andure, both challenging their convictions.

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