Mumbai: The Bombay High Court has granted bail to six accused in the 2015 murder of Communist Party of India (CPI) leader Govind Pansare, citing prolonged incarceration and raising doubts over the prosecution’s reliance on a witness statement recorded more than 3.5 years after the incident.

Justice Anil Kilor questioned the delay in recording the witness’s statement. “Considering the fact that statement of a witness.. which was recorded after more than 3½ years it gives rise to the suspicion why the said witness did not approach the police earlier,” the court observed. It further noted that “no sufficient explanation” was provided for this delay.

The court has granted bail to Ganesh Miskin, Amit Degvekar, Amit Baddi and Vasudev Suryavanshi who were represented by Advocate Siddh Vidya. Two others granted bail – Sachin Andure, Bharat Kurane – were represented by Advocates Niteen Pradhan and Subhada Khot.

The bail plea of another accused, Virendrasinh Tawade, will be heard separately.

Pansare, 82, was shot on February 16, 2015, in Kolhapur while returning home from his morning walk with his wife, Uma. The attackers, who were on a motorcycle, fired multiple rounds before fleeing. Pansare succumbed to his injuries on February 20 at Breach Candy Hospital in Mumbai, while his wife survived after receiving medical treatment.

In its bail orders, the court noted that the accused were arrested in 2019 and have been in jail for more than five years. Their arrest was based on confessional statements of co-accused. “As far as the confessional statements are concerned, it is evident that those were given by the co-accused. Hence, while using the same against the applicant, the prosecution is required to bring on record the corroborative evidence,” the court observed.

The court further highlighted that the case is based on circumstantial evidence and raised concerns over the prosecution’s reliance on delayed statement by a witness. “The prosecution is further relying upon the statement of one (witness) whose statement was recorded after more than 3 and ½ years of the incident. No sufficient explanation has been offered for a delay in reporting the matter by Shri Sagar Lakhe to the investigating agency,” the order stated. It also noted that the witness gave his statement only after the court had issued various directions in connected petitions.

Given the slow progress of the trial and the number of witnesses yet to be examined, the court concluded that “there is no end of the trial in sight.” Taking into account the prolonged incarceration of the accused, bail was granted.

Initially investigated by Rajarampuri Police Station, the case was later transferred to a Special Investigation Team (SIT) under the Additional Director General of Police (CID), Maharashtra. Dissatisfied with the lack of progress, Pansare’s family sought a transfer to the Anti-Terrorism Squad (ATS). The Bombay High Court, on August 3, 2022, handed the case over to the ATS, observing that there had been “no headway” or “breakthrough” in the probe. The ATS team, led by Superintendent of Police Jayant Meena, continued the investigation.

Of the 12 accused identified, 10 have been arrested, and four supplementary charge sheets have been filed. However, the two alleged shooters remain absconding. The trial against the arrested accused is ongoing.

The High Court had been monitoring the investigation on a plea by Pansare’s family. However, earlier this month, it ceased monitoring, stating that “further monitoring of the investigation of the present crime is not necessary,” while expediting the trial.