#BombayHighCourt is hearing the plea filed by Bhima Koregaon accused Surendra Gadling to attend his mother’s funeral.
#elgarparishad
#elgarparishad
Bench of Justices SS Shinde and NJ Jamadar is hearing the plea.
Sr Adv Indira Jaising appearing for Gadling submits that the delay in considering the bail application filed before the Sessions Court was due to the delay by NIA to file a response.
Sr Adv Indira Jaising appearing for Gadling submits that the delay in considering the bail application filed before the Sessions Court was due to the delay by NIA to file a response.
Jaising submits that the only manner Fadling can be restituted for the order refusing him interim bail is set out in the affidavit fiked by Gadling.
Jaising makes submissions on Gadling’s conduct.
Jaising: When the mother was unwell, she did not inform him. Maybe she thought he was in prison he would be distressed.
As for flight risk, when there was a raid in Gadling’s house, he did not flea.
Jaising: When the mother was unwell, she did not inform him. Maybe she thought he was in prison he would be distressed.
As for flight risk, when there was a raid in Gadling’s house, he did not flea.
Jaising: We are seeking three weeks interim bail.
If my lords are directing sureties, may I request for personal bond. For Dr. Rao we took 2 months to file sureties.
And he will appear before the police station also.
Jaising concludes her submissions.
If my lords are directing sureties, may I request for personal bond. For Dr. Rao we took 2 months to file sureties.
And he will appear before the police station also.
Jaising concludes her submissions.
Jaising adds: Sudha Bharadwaj was also granted interim bail to attend her mother’s funeral in 2019.
Adv Sandesh Patil for NIA opposes the bail plea.
Adv Sandesh Patil for NIA opposes the bail plea.
Court (to Patil) : What reply did you file in the sessions court?
Patil: Please see the application for temporary bail.
I am opposing by stating that he is not required to attend the funeral.
I am opposing by stating that he is not required to attend the funeral.
Patil submits:
1. The reason for temporary bail does not exist. The unfortunate death has occurred.
2. This is an appeal under Section 21 of the NIA Act. This appeal is filed one year after the incident.
The reason given today, does it survive?
1. The reason for temporary bail does not exist. The unfortunate death has occurred.
2. This is an appeal under Section 21 of the NIA Act. This appeal is filed one year after the incident.
The reason given today, does it survive?
Patil: They are trying to include a new case. My submission is today the reasons which are given are totally different.
Can we give them interim bail on these totally new reasons? Let us see their affidavit.
Court: Patil you have shown us this.
Can we give them interim bail on these totally new reasons? Let us see their affidavit.
Court: Patil you have shown us this.
Patil: The reason given doesn’t inspire confidence at all. Nobody could have believed that he was in COVID. Now this affidavit they have filed is not supported by any document.
The new case is last rites have to be performed...
He himself says there are 8 family members…
The new case is last rites have to be performed...
He himself says there are 8 family members…
Patil: So he does not need to conduct the rites. Anyone can do on his behalf.
Section 43D and Watali’s judgment rigours apply.
Section 43D and Watali’s judgment rigours apply.
Patil concludes his submissions.
Court reserves matter for orders.
Court reserves matter for orders.
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