In appeal against temporary bail application rejection by additional sessions judge, Pune
Advocate Surendra Gadling, an accused in the Bhima Koregaon caste violence case, recently moved the Bombay High Court in appeal against the rejection of his temporary bail application.
He was arrested on June 6, 2018, by the Pune Police and is currently lodged at the Taloja Central Jail. On November 6, 2018, his bail application was rejected by additional sessions judge, Pune. He then filed the bail application in the High Court.
On August 15, 2020, his mother died in Nagpur. After two days, he filed the temporary bail before the special National Investigation Agency (NIA) court in Mumbai. He sought bail for three weeks to perform her last rites, as his brother could not attend to them because he was COVID-19 positive. However, on September 11, 2020, the plea got rejected. He then moved the High Court in appeal.
His criminal appeal states, “Even if the Appellant (Mr Gadling) is accused of serious crimes and further he is an under-trial prisoner his basic human rights cannot be suspended. Basic human rights are inalienable,indivisible. The order passed by a special NIA judge is bad in law and erroneous. He was only for temporary bail for a period of three weeks as the entire family wanted to meet or organize a bereavement gathering. The court could have considered the plea of the Appellant for a lesser period, if not inclined for a period of three weeks.”
While rejecting his temporary bail plea, the special NIA court said, “Applicant has not made out a case for temporary bail. The applicant has filed for grant of temporary bail after his bail was dismissed on merits. On this count itself the application deserves to be dismissed as the considerations for grant of temporary bail and regular bail are same and no separate scale can be used for deciding the application for temporary bail.”
Special NIA judge DE Kothalikar said, “The allegations against the applicant are serious in nature and considering the nature of allegations and gravity of offence and finding no ground for grant of temporary bail.”
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