Advocate Gadling, accused in Bhima Koregaon case, moves HC for bail

In appeal against temporary bail application rejection by additional sessions judge, Pune

Published - July 06, 2021 05:10 pm IST - Mumbai

Surendra Gadling. File

Surendra Gadling. File

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.”

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in

Comments

Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.

  翻译: