Narendra Dabholkar Murder : Supreme Court Dismisses Challenge To Accused Vikram Bhave's Bail

The Supreme Court today (January 5) dismissed a challenge to a Bombay High Court judgment granting bail to accused-Vikram Bhave in the 2013 Dabholkar Murder case.

A Division Bench of Justices MM Sundresh and SVN Bhatti found no reason to interfere with the High Court's decision on the matter, saying adequate reasons had been given in the judgment. Accordingly, the petition filed by Mukta Dabholkar, daughter of Narendra Dabholkar, was dismissed.

Narendra Dabholkar, a rationalist and social activist, was shot dead by extremist elements on his morning walk in 2013.

Respondent No.3/Bhave was arraigned in the case based on statement of accused-Sharad Kalaskar, who allegedly shot Dabholkar, and claimed that Bhave had facilitated in recce of the spot where the incident took place. It was also alleged by Kalaskar that Bhave had shown him the way to escape from the site.

In 2019, Bhave was arrested. On rejection of his bail application by the Sessions Court, he had moved the Bombay High Court, which granted bail noting inter-alia that there was "obvious discrepancy" in the proceedings of recreation of the crime scene, one undertaken at the behest of accused-Sachin Andure, and another at the behest of Kalaskar.

"Therefore, the material on which much emphasis has been placed by respondent No.2-CBI to link the appellant with the incident in question, does not appear to indicate that the accusation levelled against the appellant can be said to be prima facie true," the Bombay High Court had said.

To the petitioner's contention that discrepancy in the proceedings was a matter of trial, the Supreme Court Bench opined that only a prima facie view had been taken by the High Court. Calling it a matter of liberty, the petition, moved by Narendra Dabholkar's daughter-Mukta Dabholkar, was dismissed.

Counsels for petitioners: Senior Advocate Anand Grover; AOR Krishan Kumar

Case Title: Mukta Dabholkar and Anr. v. Central Bureau of Invesigation and Ors., SLP(Crl) No.6209-6210/2021

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