Thread by @lawbarandbench

Bombay High Court will continue hearing the bail plea filed by Gautam Navlakha in Bhima Koregaon case.

#BombayHighCourt #BhimaKoregaon @NIA_India

ASG: It can go back to the lower court. My consent may be recorded. The officer is present.

#BombayHighCourt #BhimaKoregaon

Adv Yug: I have a request.

Court: expedite?

Adv Yug: That is secondary. I am 70 years of age. After 3 years of custdy if it is sent back, it will cause me great hardship.

#BombayHighCourt #BhimaKoregaon

Court: Unreasoned order, we are not getting benefit of a reasoned order.

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Order: No reason of whatever nature is given. Trial court has not given reasoninh as required under 43D(5) of UAPA while rejecting bail.

#BombayHighCourt #BhimaKoregaon

Order: It also appears that the order of SC in Watali has not been considered while rejecting bail application.

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Order: The reasoning state in order is very cryptic and there is no analysis of evidence relied by prosecution in it. ASG has fairly conceded that the bail application be remanded back to trial court.

#BombayHighCourt #BhimaKoregaon

Order: In view of observations, present bail application, requires fresh hearing. Accordingly, the order of Sept 5, is set aside and bail application is restored to file. The special judge is requested to conclude within 4 weeks.

#BombayHighCourt #BhimaKoregaon

Order: without being influenced from September 5 order and this order of today.

Adv Yug: The reply has already been filed, so the time for calling fresh reply may be saved.

#BombayHighCourt #BhimaKoregaon

Court: We are restoring file.
We are only remanding, we are not calling for fresh documentation.

Order: It is made clear that this court has not made any opinion on merits. Appeal disposed off.

#BombayHighCourt #BhimaKoregaon

Order: Dr Yug has requested this court to hear appeal on merits. Howvert since this court is not assisted with reasoned , the court has remanded the application for reconsideration and reasoned order.

#BombayHighCourt #BhimaKoregaon