Thread by @barandbench

#BombayHighCourt will pronounce its verdict in the transit bail petition filed by lawyer and activist Nikita Jacob in the case registered by the Delhi Police pertaining to the “toolkit” related to the ongoing farmers protests.

#FarmersProtest
#NikitaJacob
#ToolkitCase

Justice PD Naik said yesterday that he would pass an order in Jacob's plea after perusing order of the Aurangabad Bench granting transit bail to activist Shantanu Muluk, another person implicated in the #ToolkitCase .

#FarmerProtests
#NikitaJacob

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Bench has assembled. The matter will be taken up shortly.

#FarmersProtest
#NikitaJacob
#ToolkitCase

Hearing begins.

#NikitaJacob
#ToolkitCase
#FarmerProtests

Sr Adv Mihir Desai submits the Aurangabad Bench order.

He submits that the orders mentioned by him yesterday are referred to in the order.

Adv Hiten Venegaokar asks the Court to consider Justice Gadkari’s judgment of this High Court also discussed in Aurangabad order.

#FarmerProtests #NikitaJacob #ToolkitCase

Adv Venegaokar submits that if there are distinct views in this matter then this Court will have to consider it.

#NikitaJacob
#ToolkitCase
#FarmerProtests

Court begins recording the order.

Records the submissions made by the counsel.

#NikitaJacob
#ToolkitCase
#FarmerProtests

Court records that applicant has no religious, political and financial intention to incite violence.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court records that Jacob’s house was raided on February 11, 2021 and search and seizure was conducted.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court records that there was apprehension that she would be arrested and it was fortified by the fact that non bailable warrant has been issued.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court records the submissions of Delhi Police that application is not maintainable as this High Court has no jurisdiction to entertain this application.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court records that the offence is registered in Delhi and hence for want of jurisdiction relying upon Section 6&7 of CrPC and Art 208 of Constitution and hence powers under 438 ought not@be invoked.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court records police’s submission that apart from registration of offence in another state non bailable warrant has been issued by another court and hence this court has no jurisdiction to entertain.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court records the decisions which were relied upon by the counsel.

Apex court decision in Sandeep Lahoriya case where shock was expressed at the manner in which ABA was granted by high court.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court records the two other high court judgments submitted by Venegaokar during his arguments to substantiate his arguments.
One of Calcutta and another of Bombay High Court - Augustine Francis Pinto case of Justice Gadkari.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court records the judgment of NK Nayar wherein it was recorded that the transit bail can be granted.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court records Desai’s submission that time ought to be granted for her to approach and protection should be granted.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court records that on similar facts and objections the Aurangabad Bench had granted protection to co-accused.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court relies upon the case of Javed Anand case of Bombay High Court which was referred to in Sandeep Lohariya case .

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court records that the issue of transit ABA to be granted or not is pending before the Supreme Court.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court records the order passed by this Court in Javed Anand case.

The order of Division Bench in Kawal Sharma is also referred to.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court refers to the order in Akhlaq Ahmed wherein transit bail was granted by one state despite warrant having been issued in another state.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court: Looking at the facts, the offence is being investigated by Delhi Police and FIR registered jn Delhi.

It is undisputed that she is permanent resident at Mumbai

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court: the seizure memo records that laptop and mobile phone has been seized.

The applicant made herself available, when they tried to interrogate her.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court: The next day she was apprehensive of arrest and it was fortified by the warrant.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court: She is seeking relief to go to Dehi for reliefs.

This Court refers to the case of Javed Anand.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court: while passing the order the Aurangabad Bench has referred to Augustine Pinto, NK Nayar judgments.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court: The Aurangabad Bench relied upon Sandeep Lahoriya, Augustine Pinto and NK Nayar.

#NikitaJacob
#ToolkitCase
#FarmersProtest

Court refers to the para 9 of Aurangabad Bench wherein the bench observed that the issue pertaining to transit bail in other courts was kept open.

#NikitaJacob
#Toolkit
#ToolkitCase
#FarmersProtest

Court relies upon judgments of Karngaka and Kerala HC where pending reference, transit bail was granted.

#NikitaJacob
#ToolkitCase
#FarmersProtest

Court: in light of the above protection craved for granted for temporary period. Since the applicant will be approaching the appropriate court, it would not be appropriate to comment on the case.

#NikitaJacob
#ToolkitCase

Court: The applicant is granted protection of 3 weeks from today.
In the event of arrest furnish PR bond of Rs. 25000/-

#NikitaJacob
#ToolkitCase

[BREAKING] Nikita Jacob granted 3 weeks TRANSIT BAIL by Bombay High Court #NikitaJacob
#ToolkitCase #DishaRavi

FULL STORY: Farmers Protests Toolkit case: Bombay High Court grants Nikita Jacob transit bail for three weeks

#NikitaJacob #ToolkitCase #DishaRavi #BombayHighCourt

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[BREAKING] Farmers Protests Toolkit case: Bombay High Court grants Nikita Jacob transit bail for three weeks #NikitaJacob @nikitajacob #FarmersProtests #ToolkitCase @DelhiPolice #GretaThunberg

Read full story here: bit.ly/37kh25o