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….
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