Mumbai: The Bombay High Court on Tuesday said it was not inclined to cancel the bail granted to NCP leader Padamsinh Patil in the 2006 murder case of Congress leader Pawanraje Nimbalkar.
Justice A M Thipsay asked the CBI to withdraw its petition seeking cancellation of Padamsinh`s bail or it would dismiss the same.
"You (withdraw) the application or I will dismiss it. There is no point in cancelling the bail at this stage," Justice Thipsay said referring to the fact that 45 witnesses have been already examined in the trial against Patil.
The court has posted the matter on March 18, by which time the CBI will have to inform whether it would withdraw the petition.
The court was hearing applications filed by the CBI and Nimbalkar`s widow Anandibai seeking cancellation of Padamsinh`s bail alleging that he was influencing witnesses who were turning hostile during trial.
Advocate S S Shinde, appearing for CBI, informed the court today that the Supreme Court had stayed the trial against Padamsinh in September last year and hence the trial is not likely to proceed for a while.
The apex court had stayed the trial while hearing a petition filed by Anandibai seeking transfer of the trial outside Maharashtra.
According to Anandibai, nine out of the 34 witnesses who have deposed, have turned hostile in court. Among the witnesses who turned hostile were two eye-witnesses, who had claimed to have seen the assailants open fire at Nimbalkar`s car at Kalamboli in Navi Mumbai on June 3, 2006.
According to the CBI, three assailants travelling in an Indica overtook Nimbalkar`s car and forced him to halt.
Padmasinh was arrested in June 2009 for allegedly conspiring to kill Nimbalkar. He was later granted bail by Alibaug sessions court in September 25, 2009.
The CBI chargesheet names Padmasinh as the prime accused in the case who allegedly paid supari of Rs 30 lakh. According to CBI Padmasinh?s motive in killing Nimbalkar was that he (Padmasinh) felt that Nimbalkar is threat to his political career.