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The Bombay High Court has granted major relief to accused Bandu Phatak in the Pune Vaishali Hagawane case, discharging him from all allegations in the case.
The case had come into the spotlight following the alleged dowry death of Vaishali Hagawane, daughter-in-law of former NCP (Ajit Pawar faction) leader Rajendra Hagawane. Following the controversy, the NCP expelled Rajendra Hagawane and his son, Susheel Hagawane, from the party. In the case, Bandu Phatak was accused of allegedly providing food and shelter to Rajendra Hagawane at a farmhouse near Pawna Dam when Rajendra was on the run and allegedly trying to evade arrest by the police. Phatak had filed a discharge application before the Pune Sessions Court, seeking to be discharged from the case. However, the Sessions Court rejected his application. Following this, Phatak approached the Bombay High Court challenging the order. The matter was heard at length today before Justice Shivkumar Dige. Advocate Prashant Patil appeared on behalf of Bandu Phatak and argued that the allegations against his client did not constitute the offence of harbouring in the absence of knowledge or criminal intention. Advocate Prashant Patil raised the legal question of whether Section 249(b) of the Bharatiya Nyaya Sanhita (BNS) can be invoked in a case where the allegation is merely that an accused was provided food or shelter, without the person having knowledge about the crime. Patil argued that in the absence of the requisite intention or knowledge, a person cannot be prosecuted for the offence of "harbouring". The Bombay High Court accepted the legal contention raised on behalf of Bandu Phatak and passed an order in his favour, discharging him from the allegations in the case. The Vaishali Hagawane case had triggered significant political controversy in Pune following the alleged dowry death of Vaishali Hagawane. After the case came to light, NCP expelled Rajendra Hagawane and his son Susheel Hagawane from the party. The police had been looking for Rajendra Hagawane after he allegedly went absconding. During this period, Bandu Phatak was accused of providing him food and shelter at a farmhouse near Pawna Dam. The Bombay High Court has now discharged Phatak, holding in his favour on the legal issue concerning the applicability of the offence of harbouring under Section 249(b) of the BNS. (ANI)
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