[Bhima Koregoan Violence] Surendra Gadling Moves Bombay HC Challenging Rejection of Default Bail By Special Court

Surendra Gadling, accused in the Bhima Koregoan Elghar Parishad Violence case of 2018 has moved before the Bombay High Court challenging the rejection of the default bail by the Special Court.

Advocate Yashodeep Deshmukh appearing for Surendra Gadling also filed an application of condonation of delay as there was a delay of 10 days due to procuring the certified copy of the Special Court.

The Division Bench of Justice AS Gadkari and Justice PD Naik allowed the application of condonation of delay and issued notice to the National Investigation Agency.

Surendra Gadling has challenged the order of the Special Court rejecting his default bail on 28th June 2022.

Gadling and the other accused in the case were arrested by the Anti-Terrorism Squad and a chargesheet was filed against them. The case was then transferred to the National Investigation Agency. The Agency has sought an extension of time which was granted by the special court.

Gadling has contended that the issue of jurisdiction of the additional session judge was raised during the first and the subsequent remand.

The Special NIA court rejected the default bail of Gadling on the grounds that the issue was already decided by the Bombay High Court and the applicant does not have any proprietary right to agitate the same ground before the special court.

Surendra Gadling has also argued that the case of Gadling is on the same footing as Sudha Bharadwaj who was granted default bail by the High Court. The only distinguishing factor is that in the case of Sudha and others, the application for default bail was filed on 26.11.2018 and 30.11.2018, and in the case of the Appellants, the application for default bail was filed on 27.09.2018 much before the filing of the charge sheet on 15.1.2018 and after the expiry of 90 days of their arrest and production before the court, his plea stated.

Case Title: Surendra P. Gadling vs National Investigation Agency