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The high court allowed the state government to withdraw its plea for cancellation of bail granted to Tawde and approach the sessions court of Kolhapur.
The Maharashtra Government on Tuesday withdrew its application from the Bombay High Court seeking cancellation of bail of Virendrasinh Tawde in the murder of the leader of the Communist Party of India Govind Pansare.
Chief Public Prosecutor Aruna Pai on Tuesday told the high court that the state will file a fresh application before the Sessions Court of Kolhapur seeking cancellation of Tawde's bail.
Earlier, the Kolhapur Sessions Court had rejected the application filed by the State for cancellation of bail, however, the State approached the high court based on the supplementary chargesheet.
In light of a Supreme Court’s judgment that said that a fresh application can be made for cancellation of bail based on additional evidence, a bench of Justice Bharathi Dangre of the Bombay High Court allowed the plea to be withdrawn by the state government.
“They are seeking to withdraw with liberty to file a fresh application before the trial court. They are permitted to do so, if permissible in law, if ground is available for cancellation of bail”, the order read.
During the earlier hearings before the order of the Supreme Court which said that fresh applications can be made on additional grounds, the high court had questioned the state if additional material can be a ground for cancellation of bail.
It is pertinent to note that the order passed by the Supreme Court was an appeal against the order of Justice Bharathi Dangre which was allowed by the Supreme Court.
Pansare was fatally shot in Kolhapur on February 16, 2015, and passed away four days later. The investigation into the case was first handled by the local police but was later transferred to the CID SIT due to a lack of progress.
After several years, the case was transferred to the ATS in 2022, and recently, a court in Kolhapur framed charges against 10 individuals, including Tawade. However, Tawade was granted bail by the Kolhapur sessions court due to prolonged incarceration without a trial.
The state government filed an appeal against the decision before the Bombay High Court to have the bail canceled.
Case Title: State of Maharashtra vs Virendrainh Tawde
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