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Nagpur: The Nagpur Bench of Bombay High Court, while deciding the applications for cancellation of bail, filed by the brother of the victim, has passed a judgment having far reaching consequences and has cancelled the bails granted to dreaded accused persons Rohit alias Golu Hariprasad Tiwari and Zulfekar alias Chhotu Jabbar Gani, both hailing from Gondia.
The matter arises out of the brutal murder of Dharam Dawane of Gondia by the two accused along with several others by using deadly weapons as also firearms. The murder was committed in October 2012 and thereafter the accused were released on bail one after the other and these two main accused were released on bail wherein Tiwari was released in July 2014 & Gani was released on bail in September 2015 pursuant to bails granted by the High Court. In view of the seriousness of the crime in which the duo was involved, the High Court had put strict conditions upon the two accused to ensure that they do not misuse the liberty granted to them. The High Court had ordered them to attend Police Station Ram Nagar Gondia on specified dates and also to refrain from indulging in any further criminal activities.
Both the accused flouted the conditions imposed upon them and while accused Rohit Tiwari attended the Police Station intermittently, he remained absent for almost an entire year between July 2015 and May 2016. During this period, he did not even attend the Police Station on a single occasion. Similarly the other accused, Julfekar Gani was directed to attend the Police Station on 68 occasions however he attended only on 13 occasions during the relevant period.
Further, both the accused have not only disregarded the orders of attendance, but also indulged in serious crimes after being released on bail. It is also interesting to note that the accused Gani was served in Bhandara prison with the notice of the plea for cancellation of his bail. The same reflects the antecedents and the fact that he is ahardened criminal. Offences as serious as “attempt to murder” have been registered against accused Gani, while offences for extortion & cheating have been registered against the accused Rohit Tiwari after the High Court granted them bail.
In above facts, Justice V.M Deshpande at the High Court passed a strongly worded judgment holding that the accused have misused the liberty granted to them by the Court while releasing them on bail and further held that these accused have scant respect not only to the orders passed by the Court and held that they are not law abiding citizens in whose favour any discretion should be exercised. The Ram Nagar Police Station Gondia have been directed to immediately arrest both the accused.
The application for cancellation was moved by the family of the victim, represented by Adv Aakash Gupta, while the accused were represented by Adv R.M Daga & Adv R.K Tiwari. APP Trupti Udeshi appeared for the State of Maharashtra.
