MUMBAI, July 28: Soon after the City Civil and Sessions Court released notorious ganglord Arun Gawli and two of his aides, Suresh D Bhaskar and Raju Philips, on bail today, the Bombay High Court stayed the order.

The police had filed a review application before the Sessions Court, challenging the Mazgaon Metropolitan Magistrate, Gita Agrawal's order granting bail to Gawli. The application was rejected by the Sessions Court today and therefore the state government moved the BHC. The matter will come up for hearing tomorrow before Justice Venkatachala Moorthy.

The sessions court had directed the police to release Gawli and his two aides from Thane jail today.

Principal judge of the sessions court, A S Aguiar, pronounced the release order in the courtroom packed to capacity by advocates, members of Akhil Bharatiya Sena and scribes, at about 4.30 pm after hearing the prosecution and the defence through the day.

Gawli was arrested by the Agripada police after a reporter of an English daily was assaulted by his henchmen at the don's hideout at Dagdi Chawl, Byculla on July 22, 1997. The next day, Gawli was remanded to judicial custody by Agrawal and granted him bail on July 24, 1997. She however had stayed the bail on the same day. Since then, Gawli was kept at the Thane jail.

While arguing on the review application, chief public prosecutor D G Paranjape said the order passed by Agrawal was illegal as she had not given the police an opportunity to interrogate Gawli.

``Looking at the antecedents of Gawli, it was not proper to grant him bail. Moreover, the place where the reporter was assaulted (Dagdi Chawl) is known as his kingdom and no activity can take place there without his consent. His men had not only assaulted the reporter but had threatened to kill her if anything was published against Gawli. This, in fact, was an attack on the freedom of the press. The bail order must be cancelled and Gawli should be remanded to police custody,'' argued Paranjape. His entire argument was based upon the first information report (FIR) lodged by the reporter with the Agripada police station.

Defending Gawli, advocate A G Subnis said the FIR was vague and the reporter had only suspected that Gawli could have ordered the attack.

``The role of the three in the entire episode is never confirmed in the FIR. Also, it is hard to believe that she dared to visit the Dagdi Chawl after she was threatened to be killed. It is also important that she had failed to identify the attackers in the identification parade. The bail granted to Gawli is very legal as he is not likely to abscond or tamper with the evidence,'' Subnis said.

Anticipatory bail plea in Dagdi chawl eviction case

July 28: Gawli today filed an anticipatory bail application in the City Civil and Seseions Court in connection with the Chandraprabha Gajre forcible eviction case.

The matter will come up for hearing before Sessions Judge M L Tahiliani tomorrow. Gawli, whose bail was confirmed by Principal Judge A S Agiuar today, decided to file this application following the case filed by Gajre the day after Gawli was arrested in connection with the assault on the Asian Age reporter Anindita Ramaswamy at Dagdi chawl.

Gajre had charged Gawli of forcibly evicting her from Dagdi chawl seven years ago. She alleged that she used to cook food for Gawli and his associates and was promised a hefty salary but according to her the underworld don turned politician refused to pay her dues.

In a press conference, Gajre had charged Gawli of being `immoral'. She added that the Dagdi Chawl don had approached her with a proposal to marry her daughter which she had refused.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.