Mumbai, May 29 A special court here on Friday refused bail to an accused in the Baba Siddique murder case, saying his role of harbouring the shooters is clearly supported by the material on record.
Nationalist Congress Party leader Siddique (66) was shot dead by three assailants outside his son Zeeshan's office in Mumbai's Bandra (East) area on the night of October 12, 2024.
Special MCOCA judge Satyanarayan R. Navander, in his ruling, noted that accused Amol Gaikwad was involved in the activities of the organised crime syndicate and his subsequent participation in harbouring the shooters connects him with the conspiracy hatched for committing the heinous offence.
His role cannot be said to be "less significant than that of the other accused persons in the syndicate", the court observed.
Gaikwad had sought bail on the ground that he was innocent and had been falsely implicated in the case.
Advocate Siddharth Agrawal, representing Gaikwad, argued that the investigating officer failed to comply with mandatory provisions of sections 47 and 48 of Bharatiya Nagarik Suraksha Sanhita (BNSS), making the arrest defective.
Additionally, the defence alleged Gaikwad's confessional statement was invalid as it was extracted under threats and pressure.
Special public prosecutor Mahesh Mule as well as advocates Pradip Gharat and Trivankumar Karnani-appearing for the victim's side- opposed Gaikwad's plea, contending that the applicant played a specific role in the conspiracy hatched for the murder of Baba Siddiqui.
According to the prosecution, the specific role assigned to Gaikwad was to provide shelter to the shooters after execution of the offence.
The court, after considering the nature of allegations, was of "the prima facie view that there is sufficient material indicating Gaikwad's involvement in the conspiracy and in facilitating the organised crime syndicate".
On the contention of parity, the judge held that allegations against Gaikwad are entirely different from those levelled against co-accused Akashdeep Karaj Singh, who has been granted bail by the Bombay High Court.
The HC found that the involvement of accused Singh in the commission of the crime was doubtful and, therefore, granted him bail, the court said.
However, Gaikwad's role is specific and his involvement in hatching the conspiracy and harbouring the shooters is clearly supported by the material on record, the special judge held.
Therefore, he is not entitled to be released on bail, the court ruled.
A total of 27 arrested accused have been chargesheeted in the case. Anmol Bishnoi, brother of jailed gangster Lawrence Bishnoi, and two others have been shown as wanted accused in the case.
All the accused have been booked under Maharashtra Control of Organised Crime Act (MCOCA). They are currently in judicial custody.
