The Bombay High Court on Tuesday (August 18) while granting bail and suspending the life sentence awarded to right-wing extremist Sachin Andure, a prime convict in the murder case of rationalist Dr Narendra Dabholkar, who was shot dead in August 2013, held that the evidence against him was very weak which could even result in his acquittal in appeal.

A division bench of Justice Sarang Kotwal and Justice Ranjitsinha Bhonsale noted that the testimony of the two major witnesses, on which the special court relied while convicting Andure in May 2024, was weak as the said witnesses, claimed to have witnessed the murder yet their statements were recorded after a gap of nearly eight to nine years. 

"The identification of the Applicant (Andure) by the two witnesses is extremely weak. They have identified the Applicant for the first time after the incident after about eight years and seven months, and nine years and three months respectively; that is quite a long period for identification. Both these witnesses had not identified the photograph of the present Applicant. Therefore, though, in a given case, the identification in the Court as a substantive piece of evidence could be relevant, in the present case, it is an extremely weak piece of evidence," the judges said in the order. 

Another evidence, which was an alleged 'confession' by Andure before an acquaintance, the bench held to be weak too, because the said witness disclosed about the alleged extra judicial confession after nearly five years before the CBI. 

"The main evidence against co-convict Sharad Kalaskar was identification in the Court. On that point, the Applicant's case is stronger because the Applicant's photograph was not even identified by the two eye witnesses, whereas, Kalaskar's photograph was identified. The distinguishing feature for the Applicant in the form of extra judicial confession, as discussed, is very weak. Considering the same, there are fair chances of the Applicant's acquittal in his Appeal. The evidence against the Applicant is very weak, even by prima facie observations, without analysing the evidence in depth," the judges held. 

Further, the bench noted that Andure has already been granted bail by the Kolhapur bench in the murder case of Comrade Govind Pansare. It also noted that he has been in prison for about six years, on the basis of 'weak evidence' and therefore deserved to be released. 

Notably, co-convict Sharad Kalaskar was granted bail by a co-ordinate bench led by Justice Ajay Gadkari in April this year.

Andure through his counsel Virendra Ichalkaranjikar had sought bail and suspension of sentence pending the final disposal of his appeal challenging the special UAPA court's May 10, 2024 judgment by which he along with co-accused Sharad Kalaskar was convicted and awarded life sentence.

One of the major grounds for seeking bail that Andure highlighted was that no Test Identification Parade (TIP) was conducted by the CBI and that some witnesses had directly identified him in court. He also pointed out discrepancies in the testimonies of eye witnesses, wherein some witness claimed to have seen him shooting Dabholkar and some denied seeing him on the spot.

Another ground raised was long incarceration and the fact that his appeal challenging the special court's verdict would not be taken up for hearing in near future.

The Dabholkar family however opposed the plea arguing that a wrong message will be sent in the society as not only Dabholkar but other thinkers and intellectuals like Comrade Govind Pansare, Journalist Gauri Lankesh and rationalist MM Kalburgi too were killed in similar manner. It argued that a well planned conspiracy was hatched to eliminate certain voices.

Notably, the special court had convicted Andure and Sharad Kalaskar under charges of murder (section 302) and common intention (section 34) of the Indian Penal Code. The Court had acquitted the other co-accused - Dr Virendra Tawade (alleged mastermind of the murder), Vikram Bhave and advocate Sanjeev Punalekar, from charges of murder, common intention, and criminal conspiracy (section 120B). It had also not convicted any of the five accused for terrorist acts (section 16) of the Unlawful Activities (Prevention) Act (UAPA) and the relevant provisions of the Arms Act.

Dabholkar, who worked against superstitions through his organisation Maharashtra Andhashraddha Nirmoolan Samiti, was shot dead by two bike-borne men on a morning walk in Pune on August 20, 2013. The Central Bureau of Investigation (CBI), which took over the investigation in 2014 following a Bombay High Court order, identified Andure and Kalaskar as the perpetrators behind the heinous crime.

The trial in the case began in 2021, though the sessions case had been instituted in 2016.

The prosecution argued that Dabholkar's murder was part of a conspiracy to silence voices challenging superstition and promoting rationalism. The accused said to be affiliated with the right-wing organization Sanatan Sanstha, allegedly sought to instil fear in those working against superstition.

In 2015, Dabholkar's family petitioned the High Court for the formation of an independent Special Investigation Team (SIT) to probe the case. The High Court began monitoring the investigation in August 2015. However, in December 2022, the High Court decided to discontinue monitoring the investigation, expressing confidence in the trial process.

Soon after the Pune Court's verdict, Dabholkar's family members led by his daughter Mukta filed an appeal in the High Court challenging the decision of the special court to acquit the three accused from the case. Another cross appeal is also filed by Kalaskar and Andure, both challenging their convictions.

Appearance:

Advocates Niteen Pradhan, Shubhada Khot, Siddh Vidya, Danish Patel, Virendra Ichalkaranjikar, Sachin Kanse and Jyoti Ghorpade appeared for Applicant.

Advocates Amit Singh, Saba Shaikh, Bhushan Bhadgale, Priyasha Pawar, Janhavi Jadhav, Ashlesha Suryawanshi and Omkar Nevgi represented Dabholkar's Family. 

Special Public Prosecutor Amit Munde assisted by Advocates Jai Vohra and Shantanu Nakashe represented the CBI.

Additional Public Prosecutor Gauri Rao represented State. 

Case Title: Sachin Prakashrao Andure vs State of Maharashtra (Interim Application 2142 of 2026)

Citation: 2026 LiveLaw (Bom) 387

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