Pune Court Denies Bail to Accused in Jail Ward Attack on Gangster Tushar Hambir
In a significant ruling, the special MCOCA court presided over by Judge SS Kanthale on March 7 rejected the bail application of Parvez alias Sahil Haiderali Inamdar, a key co-accused in the September 5, 2022, attack on organized crime detenu Tushar Hambir. The assault occurred in the jail ward of Sassoon General Hospital, where Hambir was undergoing treatment for a back ailment at the time.
Court Cites Criminal Record and Aggressive Role in Denial
The court firmly stated that there were no reasonable grounds even to remotely believe innocence of the applicant/accused [Parvez] in the crime. Emphasizing his conduct during the incident and his past criminal history, the judge declared that bail was undesirable in the given set of facts. A total of 11 individuals are facing trial in this case, which police attribute to gang rivalry.
According to investigative reports, Parvez, along with rival gang leader Pratik Waghmare and three others, entered the hospital's jail ward armed with sharp weapons and a firearm. Their objective was to kill Hambir and avenge the 2017 murder of one of their associates by the Hambir gang. During the attack, a policeman on duty and Hambir's brother-in-law, Shubham Randad, sustained injuries while preventing the assailants from reaching Hambir.
Investigation and MCOCA Charges
Following the incident, the Bund Garden police arrested five attackers and six associates who were either part of the conspiracy or waiting downstairs during the crime. The police invoked provisions of the Maharashtra Control of Organised Crime Act (MCOCA) against all 11 suspects. Parvez, in particular, had five pending criminal cases to his name, underscoring his extensive criminal background.
The court highlighted that there emerged prima-facie material against the applicant/accused, showing his role and involvement in the crime. It described the attack as a premeditated and well-planned conspiracy, not a spontaneous act. The judge noted that the test identification parade report and CCTV footage clearly demonstrated Parvez's aggressive role in the assault.
Differentiation from Co-Accused Granted Bail
While six co-accused have been released on bail, the court distinguished their roles as less grave. It explained that those released were either waiting downstairs or did not participate in the actual assault, unlike Parvez. The dismissal of bail relief was based on the principle of parity, with the court asserting that Parvez's involvement was significantly more severe.
This ruling reinforces the stringent application of MCOCA in cases involving organized crime and premeditated violence, setting a precedent for future legal proceedings in similar gang-related incidents in Pune.
