Thread by @lawbarandbench

#BombayHighCourt is hearing the plea filed by 8 accused in #BhimaKoregaon case challenging the cognizance taken by Pune Sessions judge of the chargesheet in the case.

Advcoate General Ashutosh Kumbhakoni is making submissions on behalf of #Maharashtragovernment.

Kumbhakoni reads out prayers of the petition. Points out that the present plea is for quashing of the order.

#BombayHighCourt

Kumbhakoni: Within that extended period chargesheet had been filed and since it was within that period, they were not entitled to default bail.

#BombayHighCourt

Kumbhakoni concludes his submissions.

ASG Anil Singh adopts AG’s arguments. He adds that taking cognizance has no relevance for considering default bail application.

Singh: No other order is challenged - extending remand, transfer to NiA, but only the order of taking cognizance is challenged.

Singh: Their contention is that cognizance could not have been taken.. and that the Court of Sessions could not have taken cognizance as it was sent to it through the Magistrate.

Singh: My submission to that is special court will have jurisdiction for trial and Sessions court will have jurisdiction prior to trial.

ASG concludes his submissions.

Pasbola: My learned friends have not reaponded on the issue. The issue is - Whether the Court had jurisdiction or not? Whether the court which took cognizance was competent or not.

Advocate Sudip Pasbola is arguing for the 8 accused.

Pasbola: My submission is that the acourt which took cognizance did not have cognizance..

Pasbola: We are saying that the chargesheet was not filed before Magistrate who could have committeed the matter to Sessions.

Pasbola concludes his submissions.

Court reserves matter for orders.