Ghosalkar murder: Sessions court rejects bail plea of Mauris bhai’s bodyguard
The court said that the record showed that Noronha and the applicant together had purchased bullets and that the applicant had the knowledge that his gun was not with him during the incident, though he was Noronha’s bodyguard
MUMBAI: The sessions court while rejecting the bail application of Amrendra Mishra, bodyguard of the assailant Mauris Noronha, who was arrested for allegedly murdering his political rival — former Shiv Sena (UBT) corporator Abhishek Ghosalkar, observed that it was necessary to probe if Mishra was involved in the conspiracy with Noronha.
The bail application was rejected last week, and the detailed order copy was made available on Tuesday.
Additional sessions judge Rajesh Sasne said, “It appears that if the gun was kept in the locker, then the key of the locker must be with the applicant. It is not the case that Mauris Naronha broke the locker. Therefore, necessarily facts prima facie show that the applicant provided access to the gun. There is substance in the contention of the prosecution that the applicant must have handed over the gun to Mauris Noronha.”
The court said that the record showed that Noronha and the applicant together had purchased bullets and that the applicant had the knowledge that his gun was not with him during the incident, though he was Noronha’s bodyguard.
Ghosalkar was shot dead on February 8 during a Facebook Live by Noronha, who later killed himself.
{{/usCountry}}Ghosalkar was shot dead on February 8 during a Facebook Live by Noronha, who later killed himself.
{{/usCountry}}Following this incident, observing that on February 15, 10 live cartridges of 0.32 bore Cartesian pistol were procured from the accused, additional public prosecutor Iqbal Yunus Solkar, representing DCB CID, strongly objected to the bail plea on March 5, stating that the investigation was still on-going and that it was not yet asserted where and how the accused had used the recovered firearms.
{{/usCountry}}Following this incident, observing that on February 15, 10 live cartridges of 0.32 bore Cartesian pistol were procured from the accused, additional public prosecutor Iqbal Yunus Solkar, representing DCB CID, strongly objected to the bail plea on March 5, stating that the investigation was still on-going and that it was not yet asserted where and how the accused had used the recovered firearms.
{{/usCountry}}The prosecution further contended that it had to be checked whether the applicant trained Noronha to use his weapon and expressed the possibility of the accused destroying the evidence and pressurizing the witnesses if granted bail.
{{/usCountry}}The prosecution further contended that it had to be checked whether the applicant trained Noronha to use his weapon and expressed the possibility of the accused destroying the evidence and pressurizing the witnesses if granted bail.
{{/usCountry}}The advocate for the intervener stated the Sena leader was invited under the garb of distribution of food grains and sarees to the needy on the day of the murder.
{{/usCountry}}The advocate for the intervener stated the Sena leader was invited under the garb of distribution of food grains and sarees to the needy on the day of the murder.
{{/usCountry}}“It cannot be ruled out that the accused was planted by some persons who have hatched a well-planned premeditated conspiracy. Though the accused is having criminal antecedents filed at Sarai Inayat Police Station, Ganganagarm Prayagraj, Uttar Pradesh, he was directly recruited with Noronha and there was no documentary evidence of any record such as bank statements or salary slips to show his valid employment as a bodyguard,” written submissions on behalf of the intervener stated.
The submissions also outlined the mens rea involved in the approach of the accused as though he ought to have checked the source of firing as Noronha’s bodyguard, he did not and instead remain silent, following his normal schedule in a calm and composed manner.
After hearing all the arguments, the court rejected Mishra’s bail application on the evening of March 5.
