The Palghar Sessions Court has granted bail to a 31-year-old man allegedly involved in a hunting-related death, observing that “mere presence at the crime scene cannot be equated with participation in the commission of the offence.” The court also held that the offence of possessing a firearm under the Arms Act is bailable, and since the weapon had already been recovered, bail was justified.
Advocates Anirudh H. Yadav and Viraj Gharat represented the accused, Vishal Gharat.
In its order, the court noted: “There is no allegation of use of firearm by the accused. As far as the allegation regarding causing disappearance of evidence by throwing the dead body in the bushes is concerned, the said offence is bailable. It has transpired during investigation that the applicant had gone to the forest for hunting with a country-made gun, which has already been recovered at his instance. This is not a case where the applicant used the gun in his possession. As submitted by the Investigating Officer, there is no witness who saw the accused in the forest or identified him as being present during the hunt. His alleged involvement is based solely on the statement of a co-accused.”
The court further cited the Supreme Court judgment in Vasant @ Girish Akbarasab Sanavale and Another, which held that “mere presence at the crime scene cannot be said to be participation in the commission of the offence.”
Regarding the firearm possession, the court observed that the offence under the Arms Act is bailable and the weapon has already been recovered. The court stated that no purpose would be served by keeping the accused behind bars, especially as the investigation is complete and the chargesheet has been filed. Additionally, no prior criminal record of the accused was presented. The court addressed the prosecution’s apprehension that the accused might abscond or pressure witnesses by stating that such concerns can be addressed by imposing necessary conditions.
The case involves the death of 60-year-old Ramesh, the father of the complainant, who was allegedly shot by an accused named Sagar during a hunting trip in Alan Forest on January 28, 2025. The prosecution alleged that after the incident, 12 accused persons, including Vishal Gharat, disposed of the body in bamboo bushes to destroy evidence.
According to police, a fatal hunting accident occurred in the Borsheti forest of Palghar district, resulting in the death of one villager and injury to another after they were mistakenly shot, believed to be wild animals. The incident took place during an amateur hunting trip on January 28. Initially kept secret, the event came to light only on February 3, after local residents reported it to Manor Police Station.
The body of one of the victims was recovered from the forest by police, while the other injured individual allegedly succumbed to his injuries and was cremated in his village. The case has sparked public outrage and has highlighted the frequent use of traditional weapons, including village-made knives, for illegal hunting in the region.
A group of amateur hunters from the villages of Borsheti, Kirat, Raote, and Akoli had entered the forest to hunt wild boars, which are commonly sighted near Alan Dongra, a known watering hole frequented by striped tigers and wild boars. The group carried hunting weapons and cooking supplies and split up—some positioned themselves on hill ridges while others waited in trees for the animals to appear.
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