Bombay High Court Grants Bail To Convict In Narendra Dabholkar Murder Case
The Bombay High Court on Wednesday (April 29) granted bail to Sharad Kalaskar, one of the convicts in the murder of anti-superstition crusader Narendra Dabholkar.Kalaskar was convicted by a special court in 2024 and had filed an appeal in the High Court. He sought bail till the appeal is finally heard and decided.A division bench of Justice Ajay Gadkari and Justice Ranjitsinha Bhonsale...
The Bombay High Court on Wednesday (April 29) granted bail to Sharad Kalaskar, one of the convicts in the murder of anti-superstition crusader Narendra Dabholkar.
Kalaskar was convicted by a special court in 2024 and had filed an appeal in the High Court. He sought bail till the appeal is finally heard and decided.
A division bench of Justice Ajay Gadkari and Justice Ranjitsinha Bhonsale while ordering his release, directed him to furnish ₹50,000 bail bond.
The judges refused to allow the prayer made by the CBI to stay the bail order for four weeks. "Since we have already raised doubts over the identity of the applicant Kalaskar as the assailant, there is no question of staying this order," Justice Gadkari said.
In its order, the bench noted that Kalaskar is behind bars since September 3, 2018 and at pre-trial and post conviction stage has undergone more than seven and half years in incarceration.
"Taking into consideration the pendency of Appeals, the likelihood of taking up Appeal of the Applicant for final hearing in near future is remote. We are of the opinion that, during the pendency of his Appeal, the substantive sentence imposed upon him can be suspended and the Applicant be released on bail," the bench opined.
The judges majorly considered the lapse on part of the investigating officer in establishing the identity of Kalaskar instead of conducting a test identification parade (TIP). The bench noted that the incident occurred on August 20, 2013 at about 7:30 AM and two persons had witnessed the incident. The judges noted that the prosecuting agency arrested Kalaskar on September 3, 2018 and then tried to establish his identity through these two witnesses by showing them photographs of the accused persons.
"Though the investigating agency had every opportunity to conduct Test Identification Parade of the Applicant, the investigating Officer chose to establish identity of the Applicant by showing his photographs to the witnesses when he was already in custody. One witness has identified the photographs of Applicant on December 25, 2018, whereas another has identified the Applicant from the photograph on December 27, 2018. As the prosecution has tried to establish the identity of the Applicant through the said two prime witnesses by showing them his photographs while he was already in their custody, according to us, the said identification loses its sanctity," the judges held.
Notably, a special court by a judgment delivered on May 10, 2024, had convicted Sachind 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.
By way of the present judgment, the bench decided Kalaskar's interim application by which he sought bail. He continues to be in jail in connection with the Dabholkar murder case.
However, he along with other accused - Tawade and Amol Kale was granted bail by the Kolhapur bench of the High Court, in the separate murder case of Comrade Govind Pansare, in October 2025.
Appearance:
Senior Advocate Niteen Pradhan along with Advocates Shubhada Khot, Shahen Pradhan, Virendra Ichalkaranjikar, Siddh Vidya, Ameeta Kuttikrishnan, Shambhavi Desai, Danish Patel and Gayatri Pore appeared for Sharad Kalaskar.
Advocates Sandesh Shukla, Amit Singh, Bhushan Bhadgale, Ashlesha Suryavanshi, Janhavi Jadhav and Omkar Nevgi represented the Dabholkar Family.
Special Public Prosecutor Amit Munde along with Advocates Jai Vohra and Shantanu Nakashe represented the CBI.
Additional Public Prosecutor Ashish Satpute represented the State.
Case Title: Sharad Kalaskar vs Central Bureau of Investigation (CBI)
Citation: 2026 LiveLaw (Bom) 219