Bench led by Justice SS Shinde of #BombayHighCourt to hear the appeal of Father Stan Swamy challenging the rejection of bail by NIA Court in relation to the #ElgarParishadcase of 2018.

Swamy approached the High Court on April 27, 2021.…
Hearing begins.

Sr Adv Mihir Desai appears for Swamy.

Court: since how long is he in jail?

Desai: Since October 8, 2020. He was not arrested for two years after raid in house.

Court: Stage in sessions court?

Desai: Charges also not been framed.

Court: And you have submitted all medical papers?

Desai: He is 84, advanced stage of Parkinson, there is huge problem, plus with this COVID spread.

Court asks NIA for their response.

Adv Sandesh Patil for NIA submits that supplementary chargesheet has been filed which is not annexed to the petition.

Court: Now Mr. Desai, we have to give breathing time to Patil. We will issue notice. Now vacation courts are there. When do you want?

Desai: Anytime suitable. Let them at least file a report.

Court: Subject to convenience...

Desai: Can we keep week after next?
Patil: As far as bail on medical ground is concerned, there is delay of 152 days..

Desai: There is SC order which condones all delays.

Patil: That order may not be applicable.

Court: 152 days delay in filing appeal?
You want that it should be condoned?

Desai: No there is a #SupremeCourt order that any delay in filing of petition, there is no question of limitation.

Court: Now in both matters, you want medical bail in vacation, and regular bail after vacation?
Both together?

Desai: This works. Medical bail in vacation..

Court: Bench with one of us will be sitting from May 11, 2021.

Desai: In that week, I am not there.

Court: Then you mention in the week commencing from a date.

Court issues notice in the appeal challenging the order rejecting of bail on merits. Matter kept on June 14, 2021.

Desai submits he will not press for interim application for condonation of delay in light of Supreme Court order.…
Court: He has been in jail for over a year. He is certainly entitled for release, but then what are the charges against him?

Desai submits the UAPA charges.

Court: Delay in filing this appeal stands condoned is what you are saying?

Desai: Limitation won’t apply.

Court (to Patil): What are you saying?

Patil: Delay I leave it to the court.

Court condones delay in filing appeal. Disposes the interim application.

Court: We are saying liberty to mention hearing before the vacation court from week commencing May 17, 2021.
Medical reports to be filed.

Patil: I will try to do it, but jail authorities generally file it.

Court: Because state is not made party...

Desai: I will add them as party, I will do that.

Court grants leave for amendment.

Court: both appeals should be amended before May 6 2021.
Public Prosecutor assures that the medical conditions of Swamy will be submitted by May 15, 2021.

Hearing ends.


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