Surendra Gadling, accused in the Bhima Koregaon violence of 2018, has approached the Bombay High Court seeking default bail in the case..Gadling, who is presently in judicial custody, moved the Court challenging an order of June 28, 2022 by the special court rejecting his default bail application. He was granted a lawyer through a legal aid cell of the State government.Advocate Yashodeep Deshmukh, appearing for Gadling, pointed out that there had been a delay of 10 days in filing the appeal due to delay in procuring a certified copy of the special court order. In light of this, he sought for condonation of delay. A division bench of Justices AS Gadkari and PD Naik issued notice to NIA to respond to the application. It will be heard after 2 weeks..Gadling was arrested in June 2018 by the Anti-Terrorist Squad, Pune (ATS) and the first chargesheet came to be filed in November 2018.He filed for default bail on the ground that the police had sought extension of time to file chargesheet and the same was in violation of law.The ATS had been granted an extension and they had also filed an additional chargesheet in February 2019. Meanwhile, the investigation was handed over to the National Investigation Agency (NIA) and the Special NIA court at Mumbai took over the case from 2020.The accused then raised the claim before the special court that the extension sought in August 2018 which was eventually granted in September to NIA was not sought in compliance with the procedure under the Unlawful Activities (Prevention) Act.The special court while rejecting the default bail applications relied on the High Court order of December 1, 2021 which had refused bail to Gadling. The same was confirmed by the Supreme Court..Gadling stated in his present petition said that the right to seek default bail becomes effective as soon as the period of 90 days from arrest expires and no chargesheet is filed.
Surendra Gadling, accused in the Bhima Koregaon violence of 2018, has approached the Bombay High Court seeking default bail in the case..Gadling, who is presently in judicial custody, moved the Court challenging an order of June 28, 2022 by the special court rejecting his default bail application. He was granted a lawyer through a legal aid cell of the State government.Advocate Yashodeep Deshmukh, appearing for Gadling, pointed out that there had been a delay of 10 days in filing the appeal due to delay in procuring a certified copy of the special court order. In light of this, he sought for condonation of delay. A division bench of Justices AS Gadkari and PD Naik issued notice to NIA to respond to the application. It will be heard after 2 weeks..Gadling was arrested in June 2018 by the Anti-Terrorist Squad, Pune (ATS) and the first chargesheet came to be filed in November 2018.He filed for default bail on the ground that the police had sought extension of time to file chargesheet and the same was in violation of law.The ATS had been granted an extension and they had also filed an additional chargesheet in February 2019. Meanwhile, the investigation was handed over to the National Investigation Agency (NIA) and the Special NIA court at Mumbai took over the case from 2020.The accused then raised the claim before the special court that the extension sought in August 2018 which was eventually granted in September to NIA was not sought in compliance with the procedure under the Unlawful Activities (Prevention) Act.The special court while rejecting the default bail applications relied on the High Court order of December 1, 2021 which had refused bail to Gadling. The same was confirmed by the Supreme Court..Gadling stated in his present petition said that the right to seek default bail becomes effective as soon as the period of 90 days from arrest expires and no chargesheet is filed.
