PANAJI
The Additional Sessions Judge granted conditional bail to Aam Aadmi Party (AAP) Goa President Amit Palekar on Monday, even as the Court acknowledged Crime Branch's (CB) submission indicating conspiracy into shielding the prime accused Paresh Sawardekar involved in the Banastarim fatal accident.
"The CB team has collected required material to know the role of the applicant (Palekar) in alleged criminal conspiracy which brings out reasonable grounds to believe existence of conspiracy," ASJ Cholu Gauns observed in the 28-page order.
While having said this, the Court added that it was not known what further role is required to be discovered and as such, Palekar's custody is not warranted. "Offenses are bailable applicant cannot be held in jail," reads the order while allowing the advocate bail in the matter.
In another development that could further bring the role of the former investigation team under scanner, the Court questioned the silence of Mardol police despite allegations of destruction of evidence, misleading the police, and even harbouring the real offender, etc all that occurred in the presence of its station in-charge.
The Crime Branch has charged Palekar with misleading the police by falsely claiming that an imposter driver Ganesh Lamani was behind the wheel of Mercedes Benz GA-07-K-7311 as well as holding a meeting at a residence to plant Lamani at the behest of the main accused Sawardekar.
Even after an alcohol test confirmed that Paresh was inebriated while Lamani was not, Adv Palekar, along with others, reportedly made persistent efforts to convince the Mardol police that Lamani was driving the vehicle.
"The material on record makes it crystal clear that all the offenses namely destruction of evidence, giving false information, harbouring real offender etc, were committed in the presence of the in-charge of the Mardol PS and the police did nothing. The culprits were honourably and mysteriously allowed to retreat from Police Station. This is alarming," it said.
Constables Akash Phadte, Jitendra Gaude among others have confirmed to the CB, that Lamani initially refused but thereafter confessed he was lying to the police about driving the SUV to save Sawardekar.
"Lamani admitted that he was not driving the car and that to save his employer Paresh Sawardekar he was ready to take the blame of motor vehicular accident on himself, as he was working with them for 15 years. Thereafter, Lamani was allowed to go home," reads an extract of the statement of both the constables, which were part of argument by prosecution to oppose the bail application.
During the hearing, the CB further submitted that Adv Palekar and his lawyer
informed the police that Lamani was driving the Mercedes car at the time of accident. The lawyer also disclosed that he is junior of Advocate Saresh Lotlikar.
"There is direct evidence to show that post fatal accident the applicant Palekar, Paresh Savordeker, Ganesh Lamani and others met in the house of one Atreya at Marcel thereafter took Paresh and Lamani to Kundai Industrial Estate, junction, and the applicant long with Junior lawyer were seen convincing and informing PI Gaude that Ganesh Lamani was driving Mercedes vehicle at the time of the accident. This material as righty argued by Special PP A Talauliker brings out prima facie case of giving false information to the Police, or disappearing evidence with the intention to screen real offender so also harbouring offender within meaning of sections 201, 203, and 212 of IPC," the order said.
