The shooters held for firing outside actor Salman Khan's house did so with the "intention or knowledge" to kill him on the instigation of jailed gangster Lawrence Bishnoi's brother Anmol, a Mumbai court said while denying bail to an accused in the case.
BD Shelke, special judge for cases under Maharashtra Control of Organised Crime Act, had denied bail to shooter Vicky Gupta on October 18.
The reasoned order was made available on Monday.
Gupta and his associate Sagar Pal had fired near the actor's Galaxy Apartments residence in Bandra West on April 14 morning.
In the order, judge Shelke said the FIR clearly demonstrates that two persons came on a motorcycle, with the pillion rider firing gunshots at the first floor of Khan's house.
"The statement of the victim (Khan) demonstrates that he being a celebrity, there are many fans of him from society and he used to come to the gallery on the first floor of his house to greet them. Even in the early morning he used to stay in the gallery on the first floor of his house," the court said.
Khan's statement and the contents of the FIR at this stage indicate "the shots were fired in the direction of his place of use in his house", the court said in its order.
The order stated that the transcript of a call recording between Gupta and wanted accused Anmol Bishnoi, younger brother of jailed gangster Lawrence Bishnoi, has been placed on record by the prosecution.
"It shows that on instigation and as per directions of wanted accused Anmol Bishnoi, accused number 1 (Gupta) and 2 (Sagar Pal) have committed these acts," the court said.
Lawrence Bishnoi has been shown as wanted accused in the chargesheet filed by the police.
The special judge underlined that the most important prima facie evidence while deciding bail is the confessional statement of the accused.
The court said Gupta's statement demonstrates he came in contact with Pal and then joined the gang of the wanted accused.
Gupta has stated all the details of how he joined this gang and narrated the entire incident on how they did reconnaissance and hatched the plan for firing, the order mentioned.
The confessional statement of the accused and evidence clearly demonstrates that accused number 1 (Gupta) and accused number 2 (Pal) along with other wanted accused and leader of the gang hatched a conspiracy to kill the victim with the intention or knowledge they have done a criminal act, the court observed.
On MCOCA being invoked against Gupta, the court said the accused cannot escape from offences punishable under the Act merely on the ground that there are no criminal antecedents.
The chargesheets filed against Lawrence Bishnoi and Anmol Bishnoi, both of whom are wanted accused in this case, can be taken into consideration (for slapping MCOCA against Gupta), the court observed.
The material placed on record, including the confessional statement, clearly shows at this stage that he is having complicity in the crime, the court said.
Considering the nature of offence, the possibility of repetition of similar crimes being a member of a gang cannot be ruled out, the special judge said.
The accused is not entitled for bail, Judge Shelke said in his order.
Gupta, Pal, Sonukumar Bishnoi, Mohd Rafiq Choudhary and Harpal Singh are currently in judicial custody in the firing case. Another accused, Anujkumar Thapan, committed suicide in police custody.
