Arun Gawli released on bail

Gawli, embroiled in several criminal cases, would now walk out of prison because this was the only case in which he had not been granted bail. In all other cases he has already secured bail and his detention under the Maharashtra Prevention of Dangerous Activities of Bootleggers, Slumlords and Dangerous Persons Act (MPDA) was quashed recently by Bombay High Court.

Additional Sessions judge S B Dhumal ordered Gawli’s release in the sum of Rs one lakh with one or two sureties in the like amount after his lawyer Avinash Rasal argued his case. Gawli faces the allegation of forcibly evicting Chandraprabha Gajare from Dagdi Chawl.

The court also framed charges against Gawli, his brother Pradeep, Philips alias Raju Shirshat, Hemant Rane and Sunil alias Bawa Sadashiv Ghate under IPC Sections 143 (unlawful assembly), 147 (rioting), 148 (using weapons during rioting), 149 (common object), 450 (trespass), 395 (dacoity), 341 (wrongful restraint) and 506 (criminal intimidation).

Of the nine accused, three are no more. They are Tanya Koli, Sada Pawle and Kalya alias Chota Babu. Another accused, Dayanand Shetty, is not traceable, the court was told.

Public prosecutor Derinah Cooper opposed Gawli’s bail on the ground that he would pose a danger to society if let out on bail. She also urged that the court had granted him anticipatory bail in July 1997 but he had not availed it as he was imprisoned.

The prosecutor also said co-accused Sunil Ghate and Nagesh Mohite had allegedly murdered prime witness Manoj Birje at the instance of Gawli.

Gawli’s lawyer Avinash Rasal argued that Gawli’s custody in this case was already taken when he was lodged in prison in some other case. Since he was already arrested he should now be granted bail, he said.

As regards the prosecution’s allegation that Gawli’s men had murdered prime witness Manoj Birje, he said the court had already acquitted both accused. Moreover, Birje’s name did not figure in the chargesheet as a witness. The argument advanced by the prosecution that he was an undisclosed witness was baseless because there was no such procedure in CrPc.

Chandraprabha Gajare had filed a First Information Report (FIR) against Gawli and eight others alleging that in 1990 she was assaulted and forcibly evicted by them from Dagdi Chawl from where Gawli operated.

Gajare said after her husband had deserted her in 1970 she stayed in Dagdi Chawl with her daughter for two decades. She used to cook food for Gawli and his men. Gawli allegedly made obscene gestures at his daughter and had defaulted in payment of Rs 4,000 per month for preparing food.

She further alleged that Gawli offered her Rs 50,000 to vacate the house, which she refused.