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Synopsis

A division bench of Justice Revati Mohite Dere and Justice Sharmila Deshmukh on Monday recused from hearing the bail plea filed by Mahesh Raut, Sudhir Dhwale, Shoma Sen, and Rona Wilson seeking default bail in the Bhima Koregaon Elgar Parishad violence case. 

Earlier the division bench had also recused from the other petitions filed by the persons accused in the Bhima Koregaon violence case. 

On Monday, the default bail plea filed by Mahesh Raut and 3 others came up for hearing before the division bench. Raut and 3 others had challenged the rejection of default bail by the Special Court. 

All four applicants were arrested by the Pune Police in 2018 in connection with the Bhima Koregaon Violence case. The Special NIA Court had earlier rejected the default bail plea filed by the four of them after which they approached the high court.

The pleas stated that the right to default bail flows from Article 21 of the Constitution.

“That the learned court failed to appreciate that the right to default bail flows from Article 21 of Constitution of India which is fundamental right and a fundamental right cannot be denied on the grounds of delay, provided requirement laid down under section 167 is fulfilled. Same having been fulfilled, learned Special Court ought to have enlarged petitioner on bail,” the pleas read.

The pleas stated that in August 2018, the investigating officer requested an extension of time to file charges against the four accused, which was granted by a Pune Sessions Judge on September 2, 2018. Later, on September 27, 2018, the four accused applied for default bail, which was dismissed by the Special NIA Judge on June 26, 2022.

As a result, the accused moved the High Court for relief, arguing that the Special Judge in Pune did not have the jurisdiction to grant an extension of time for the NIA to complete its investigation and that the Special NIA Judge had failed to consider this point while rejecting their bail plea.

“That the learned Court failed to appreciate the law regarding grant of default bail as also effect of actions of the Additional Sessions Court at Pune which lacked jurisdiction itself. The learned Special Court Mumbai in its order has failed to appreciate the effect of the verdict given by the division bench of this Hon'ble Court on the exhibit 49 & 48 by which the appellants & another had prayed for default bail.”, the pleas read.

The pleas filed through Advocate Nihalsingh Rathod have also relied on the default bail granted to Sudha Bhardwaj in December 2021 and state that the applicants' case falls on the same footing.

Case Title: Mahesh Sitaram Raut & Ors vs NIA