Bombay High Court grants temporary bail to Bhima Koregaon accused Surendra Gadling

The Bombay High Court on Friday granted temporary bail to Bhima Koregaon accused Surendra Gadling from August 13 to August 21, 2021 to attend mother's funeral rites. .Gadling had sought temporary bail from the Special Court on the ground that his mother had expired in August 2020 and he was required to join his family members to perform the last rituals.However, the application had been rejected by the Special Judge DE Kothalikar of Mumbai Court in September 2020.In view of this, Gadling had moved the High Court assailing the order and sought urgent temporary bail..Citing humanitarian grounds, Bench of Justice SS Shinde and NJ Jamadar observed that "in the prevailing social construct, the first death anniversary of an immediate family member has an element of religious, personal and emotional significance."The Bench also noted that Gadling had not been able to participate in any of the rites in connection with the death of his mother. "Viewed through this prism, we do not find the prayer of the appellant (Gadling) unjustifiable" the order states. .The Bench directed Gadling to furnish a bail bond of Rs. 50000/- with one or two sureties with the Special NIA Court of Mumbai. Gadling was also directed to report to the Nagpur police station on August 16 and 19, 2021 and surrender to the Taloja prison by 6 pm on August 21, 2021. .Senior Advocate Indira Jaising argued that when Gadling had moved for bail before the Special Judge, the NIA had sought for time to respond to the petition.They had filed their reply on August 28, 2020, when Gadling's mother had expired on August 15, 2020.She argued that the delay in hearing of the application was because of NIA and not Gadling as was projected by NIA.She relied upon an order of the High Court which permitted co-accused, civil rights activist and lawyer Sudha Bharadwaj to visit her home to attend her late father’s 13th day rituals and other final rights in Bangalore for two days..Advocate Sandesh Patil appearing for NIA argued that the reason for temporary bail did not exist, as the unfortunate death had already occurred a year back.He added that the the reason for seeking interim bail - to conduct rites, was something that anyone from Gadling's family could do.On technical grounds, Patil argued that the appeal filed under Section 21 of the NIA Act was filed after a year and it was filed on new facts which could not be considered..After hearing both counsels briefly, the Court had reserved the application for orders..[Read judgment]