Session Court’s judge reconsidering his earlier order and cancelling bail is not legally permissible

Issue of bail granted to Dr Virendrasinh Tawade in Comrade Govind Pansare murder case
Observation by Kolhapur Circuit Bench Justice Shivkumar Dige

Kolhapur, 18^th October – Justice Shivkumar Dige of Kolhapur Circuit Bench of Mumbai High Court has registered an important observation on the sessions court judge reconsidering and cancelling his earlier order issued in Com. Govind Pansare’s murder case granting bail. (A circuit bench is a temporary, part-time sitting of a High Court that travels to different locations to hear cases, making justice more accessible to people in more remote areas.) It is a very important observation registered in the detailed verdict passed in connection with Dr Tawade’s detention in the case of Com. Pansare’s murder case. In this case, Mr Amol Kale and Mr Sharad Kalaskar were granted bail along with Dr Virendrasinh Tawade on 14.10.2025.

Dr Virendrasinh Tawade was granted bail by the district and sessions court, Kolhapur in 2018. This bail was cancelled by the district and sessions court judge S S Tambe on 16.07.2024. The defence side had appealed in Mumbai High Court challenging the decision on which Justice Shivkumar Dige granted bail to Dr Tawade on 14.10.2025.

The observations registered by Justice Shivkumar Dige while passing verdict

1.The decision taken by the district and sessions court cancelling bail is not legally permissible.

2. The statement of the witness Sagar Lakhe has been registered after three and a half years; therefore, his statement cannot be the basis of cancelling bail of the applicants, was the opinion noted by Mumbai High Court’s Justice Anil S Kilor for the other accused in this case.

3. The district and sessions court had noted an important observation in 2018, when Dr Tawade was granted bail, that there were two opposite charge sheets, based on which, the applicant was granted bail.

4.The court cannot reconsider its own decisions taken earlier.

Advocate Virendra Ichalkaranjikar stated in this connection, “The main point to which we tried to draw the court’s attention was the same thing. With this verdict, the court has endorsed our arguments. The decision on bail could be obtained due to the collective efforts of the advocates and their arguments which mainly include Mumbai High Court’s senior advocate Nitin Pradhan. While pleading for the other accused Amol Kale and Sharad Kalaskar, the arguments by former justice and advocate Pushpa Ganediwala and Mumbai High Court’s advocate (Mrs) Siddh Vidya have also played an important role in obtaining bail for them. Though Mumbai High Court’s Kolhapur Circuit Bench has served justice to us, Dr Virendrasinh Tawade had to remain in jail for additional one year and three months and this period can never be recovered for him. ”