Bhima Koregaon case: Bombay HC grants default bail to Sudha Bharadwaj, but declines the same to eight other accused

By Sabah Gurmat & Paras Nath Singh    THE Bombay High Court, on Wednesday, allowed the default bail plea of lawyer and trade union activist Sudha Bharadwaj in the Elgar Parishad (Bhima Koregaon) case under Section 167(2) of the Criminal Procedure Code read with Section 43D(2) of the Unlawful Activities (Prevention) Act (UAPA), 1967. While granting bail to Bharadwaj, however, the Court rejected the default bail applications of eight other accused, namely, Sudhir Dhawale, Rona Wilson, P. Varavara Rao, Surendra Gadling, Vernon Gonsalves, Mahesh Raut, Arun Ferreira and Shoma Sen. All the nine accused were charged under the draconian UAPA.

Right to seek default bail indefeasible part of right to personal liberty: Delhi HC

The Bench of Justices S.S. Shinde and N.J. Jamadar  directed Bharadwaj to approach the special National Investigation Agency (NIA) court on December 8, for the court to set out the conditions for bail. Bharadwaj, who worked as a lawyer and an activist on issues of workers’ rights and Adivasi rights in Chhattisgarh, was arrested in Delhi in August 2018 and has since been lodged in Mumbai’s Byculla women’s prison complex.

The petitioners, through their bail applications, contended whether the Pune sessions court presided by Judges K.D.Vadane and R.M.Pande could have taken cognizance of the chargesheet, since only a special court as per the provisions under the National Investigation Agency Act, 2008 (NIA Act) should have been allowed to hear the cases of the UAPA accused….

https://www.theleaflet.in/bhima-koregaon-case-bombay-hc-grants-default-bail-to-sudha-bharadwaj-but-declines-the-same-to-eight-other-accused/


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