Pune Gangland: Pune Gangster’s Political Dreams Crushed: High Court Denies Plea for Contesting Elections
By India Crime Correspondent
PUNE, 27 September, 2014
The hopes of Pune gangster Kisan, also known as Baba Bodake, to participate in the upcoming assembly elections in Maharashtra have been dashed by a decisive move from the Bombay High Court.
The court rejected his plea for a stay on his conviction under the Maharashtra Control of Organised Crime Act (MCOCA), effectively quashing his ambitions to contest the elections.
Legal Setback: Gangster Denied Stay on Conviction
Kisan, or Baba Bodake, has suffered a major legal setback as the division bench comprising Justice PV Hardas and Justice Anuja Prabhudessai firmly dismissed his plea to stay his conviction.
This comes as a blow to his aspirations, especially given the stringent nature of his conviction under the MCOCA.
Conviction Under Scrutiny: Basis for Plea Rejection
The high court’s decision to deny Bodake’s plea was primarily rooted in the gravity of his conviction under the MCOCA, which led to a life sentence.
The court maintained that the power to grant a stay on a conviction should be invoked only under exceptional circumstances and strong grounds, which in this case were not met.
History of Legal Battle: Background to the Plea
The saga of Bodake’s legal journey began on April 8, 2006, when a designated MCOCA court found him and several others guilty under section 3(1)(i) of the MCOCA, a charge associated with organized crime resulting in murder.
Subsequently, they were sentenced to life imprisonment. In the aftermath, Bodake appealed to the high court, which temporarily suspended his sentence and granted him bail in the following year.
Last-Ditch Effort: Seeking Stay for Political Participation
With aspirations to enter the political arena and contest the October 15 state polls, Bodake knocked on the doors of the high court once more on September 12, 2014.
He sought a stay on his conviction, contending that the prosecution had not convincingly established the elements of the alleged offense.
His counsel, advocate Niteen Pradhan, argued that the evidence was weak and could not sustain the conviction.
Prosecution Counters: Upholding Conviction for Serious Offense
In response, public prosecutor Sandip Shinde countered the plea by asserting that the power to grant a stay on conviction is to be used sparingly and only in exceptional circumstances.
Shinde emphasized that Bodake’s conviction was rooted in a serious offense, resulting in a life sentence, making it ineligible for an exception.
Judicial Verdict: Gangster’s Plea Rejected
Ultimately, the bench aligned with the prosecution’s perspective, concluding that no exceptional circumstances warranted a stay on Bodake’s conviction.
The plea was turned down, effectively ending his hopes of participating in the elections.
Political Background: Gangster’s Affiliation and Resignation
Notably, in January 2009, Bodake had joined the Nationalist Congress Party (NCP).
However, his controversial background led to his resignation from the party shortly thereafter.
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