Mumbai: Considering the “gravity of the offence” and looking at his “antecedents”, the Bombay High Court on Tuesday denied bail to Rashtriya Samaj Paksha‘s (RSP) Digambar Agawane, a state assembly candidates from Phaltan constituency, in an alleged attempt to murder and MCOCA case of June 2022.
“Ensuring justice requires a nuanced approach that considers not only the rights of the accused, but also the broader implications for public safety and the integrity of the judicial process,” said Justice R N Laddha.
Special public prosecutor Harshad Nimbalkar argued that Agawane, booked under MCOCA, is leader of an organised crime syndicate and there was sufficient material to.establish it.
In an alleged property dispute, Agawane was accused of pointing a revolver at the complainant, among other accusations, like allegedly coercing others to sign documents. A special MCOCA judge permitted him to fill poll nominations after his lawyer, S B Talekar, argued there was no case made out against him. The HC, however, said, that while personal liberty is significant, even for those accused of crimes, “it is equally crucial for courts to assess the potential risks if such individuals are granted bail. The liberty of the accused must be balanced against the fundamental rights and safety of victims and witnesses, whose lives and freedoms could be endangered by the accused’s release.”
“The chargesheet corroborates the allegations at every point,” said the HC.
“Additionally, it is undisputed that the applicant is a political figure contesting the Maharashtra General Assembly Elections from the Phaltan Constituency. Given the locality’s connection to the present case, there is a credible risk of the applicant’s tampering with the evidence and exerting influence over witnesses.” — Swati Deshpande