Pune Gangland: Bombay High Court Grants Bail to Infamous Gangster Nilesh Ghaiwal
By India Crime Correspondent
PUNE, 3 October 2019
In a surprising turn of events, the Bombay High Court has extended bail to notorious gangster Nilesh Bansilal Ghaiwal (35), who was facing charges in connection with a dacoity case reported at Koregaon Park police station.
The court’s decision was prompted by inconsistencies detected within witness testimonies, as well as between the non-cognizable (NC) report and the FIR. Notably, the FIR was filed three days after the incident took place.
The Case and Its Development
Ghaiwal found himself booked by Koregaon Park police on November 11, 2017, following a complaint made by Bharatiya Janata Party (BJP) corporator Vivek Yadav.
The complaint alleged that Ghaiwal, along with a group of 15-20 gang members and armed with deadly weapons, had entered Yadav’s café, unleashing terror by assaulting an employee named Vicky Ravani.
The incident further involved the alleged robbery of Rs 13,700 in cash from the establishment.
Nine days following the occurrence, Ghaiwal was arrested and subsequently charged under section 23(1) of the Maharashtra Control of Organised Crime (MCOCA) Act.
The Legal Battle
After Ghaiwal’s bail application was rejected by the sessions court, he sought recourse in the Bombay High Court.
The prosecution countered his plea, highlighting the assault on the complainant and the alleged involvement of Ghaiwal and his associates in the cash robbery from the café’s cash box.
Analyzing the Verdict
However, the Bombay High Court’s ruling to grant Ghaiwal bail was grounded in the identification of inconsistencies.
The court’s assessment of the statements given by witnesses, as well as the divergence between the initial NC report and the subsequent FIR, played a pivotal role in its decision. Additionally, the court emphasized that the medical injury certificate of the complainant did not substantiate the prosecution’s case.
Legal History and Potential Implications
Notably, the court acknowledged Ghaiwal’s previous legal history. He had been acquitted of two MCOCA cases from 2003 and 2010, respectively, along with various other offences dating back to 2001, 2003, and 2010.
The acquittal in the 2010 Dattawadi shootout case was a significant highlight.
Challenges Ahead
Considering the stringent measures being implemented by Pune police in anticipation of the upcoming Assembly polls, the release of notorious criminals and history-sheeters on bail, including Ghaiwal, has raised concerns.
The police have been actively externing such individuals from Pune city and district limits as part of their efforts to maintain law and order during the elections.
Preventive Measures in Motion
Bachchan Singh, deputy commissioner of police (crime), confirmed that the crime branch is closely monitoring criminals with records, especially those who have been externed or faced legal action under the Maharashtra Prevention of Dangerous Activities (MPDA), MCOCA, Arms Act, and election-related cases.
Vigilance and preventive steps are being taken on a daily basis across police units and stations to ensure public safety. Ghaiwal, too, has been served notice under section 144(2) of the Criminal Procedure Code, which restricts his entry into Pune for a month. The crime branch remains vigilant, observing gang activities and responding with necessary precautions.
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