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While granting bail to Teltumde, the High Court had also agreed to Senior Advocate Mihir Desai's prayer that Teltumde should be released on cash bail instead of surety.
The National Investigation Agency (NIA) has approached the Supreme Court challenging the order granting bail to Dr. Anand Teltumde accused of being involved in the Bhima Koregaon-Elgar Parishad violence which occurred on 1st January 2018.
Bombay High Court on Friday, November 18 had granted bail to Teltumde on a PR bond of Rs 1 lakh and two like sureties.
SG Tushar Mehta today informed court that the high court had stayed the execution of bail for a week for the NIA to challenge the order before Supreme Court.
The Supreme Court was further told that the High Cpurt had conducted a mini trial while granting relief to the accused.
Notably, a division bench of the high court comprising Justice AS Gadkari and Justice Milind Jadhav while granting bail to Teltumde had noted that offences under Sections 38 and 39 of the UAPA i.e., membership and supporting terrorist organizations were only made out for which the maximum imprisonment is 10 years and the accused had already served the imprisonment for two years.
The division bench had also said that the offences of unlawful activities, terrorist acts, and punishment for conspiracy were not made out.
A CJI Chandrachud-led top court bench has agreed to take up the NIA's plea on Friday, November 26.
Teltumde's plea for bail was earlier rejected by the NIA Court on the grounds that he was a member of the banned organization i.e., the Communist Party of India. Tultemde had made an appeal against the order of the NIA Court before the High Court.
The counsel for NIA had earlier argued that Teltumde had made speeches at the event which led to the violence and he was also one of the convenors of the event. Further, records and evidence were placed before the court which allegedly showed his involvement in the crime. He also argued that the said event was organized with the banned organization Communist Party of India.
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