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Why the HC granted default bail to Sudha Bharadwaj and not to others / Understanding the Judgement (audio)

Why the HC granted default bail to Sudha Bharadwaj and not to others / Understanding the Judgement (audio)

Audio: Understanding the Judgement of the Bombay High Court

01/12/2021

By PUCL

Date: Dec 1, 2021
Speakers: Mihir Desai and others
In order to understand the judgement in the Bhima Koregaon, default statutory bail case granting bail to Sudha Bharadwaj (National Secretary of the PUCL), but rejecting the bail of 8 others who had also similarly applied, namely Dr. Varavara Rao, Dr. Shoma Sen, Surendra Gadling, Vernon Gonsalves, Sudhir Dhawale, Rona Wilson, Arun Ferreira, Mahesh Raut,
we are holding a meeting on December 1st, 2021 from 8pm to 10pm.
All are welcome to listen to the lawyers share their views on the judgement.
V. Suresh (General Secretary PUCL )
Kavita Srivastava (National Secretary)

Listen to recording


Why the Bombay High Court granted default bail to Sudha Bharadwaj and not to others [read order]

01/12/2021

Bar & Bench / by Neha Joshi

Sudha Bharadwaj’s application for default bail was pending on the date the application for extension of time to file chargesheet was made.
While granting default bail to lawyer and activist Sudha Bharadwaj on Wednesday, the Bombay High Court refused bail to eight other co-accused in the Bhima Koregaon case.
The Bench of Justices SS Shinde and NJ Jamadar made certain interesting observations in the 120-page order while deciding the pleas filed by Bharadwaj and 8 others challenging orders of the Pune Sessions Judges.
Read more/read judgement


Time For UAPA Probe Was Extended By A Court Which Lacked Competent Jurisdiction: Bombay HC [read order]

01/12/2021

Live Law / by Sharmeen Hakim

In its detailed order granting default bail to Sudha Bharadwaj the Bombay High Court said that Additional Sessions Judge of Pune KD Vadane was not authorized to extend the time for Pune Police to file the charge sheet under provision of the UAPA Act on November 26, 2018 and therefore she was entitled for default bail.
Read more/read judgement


Bombay HC grants default bail to Sudha Bharadwaj, but declines the same to eight other accused

01/12/2021

The Leaflet / by Sabah Gurmaj and Paras Nath Singh

The Bombay High Court grants default bail to Sudha Bharadwaj in the Bhima Koregaon case on the ground that the court which took cognizance of the chargesheet against her was not competent, while it denied the same to the other accused in the case, because they did not claim their right to default bail in time. Paras Nath Singh and Sabah Gurmaj write about the High Court’s application of the principles of default bail in these cases.
Read more

BREAKING: Bombay HC Grants Default Bail To Sudha Bharadwaj; Refuses Bail To 8 Other Accused

BREAKING: Bombay HC Grants Default Bail To Sudha Bharadwaj; Refuses Bail To 8 Other Accused

BREAKING: Bombay HC Grants Default Bail To Sudha Bharadwaj; Refuses Bail To 8 Other Accused

01/12/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Wednesday granted default bail to lawyer-activist Sudha Bharadwaj in the 2018 Bhima Koregaon – Elgar Parishad caste violence case.
However, the Court rejected the bail applications of the 8 other accused Sudhir Dawale, Dr P Varavara Rao, Rona Wilson, Advocate Surendra Gadling, Professor Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira. They were arrested between June – August 2018.
Read more


Sudha Bharadwaj granted default bail by Bombay High Court; plea of 8 others rejected

01/12/2021

Bar & Bench / by Neha Joshi

Sudha Bharadwaj and 8 others had challenged the jurisdiction of the Pune Sessions Judge in 2019 who they submitted was not the Special NIA judge and hence not competent to hear their applications under UAPA.
In a significant development, the Bombay High Court on Wednesday allowed the default bail plea filed by Bhima Koregaon accused advocate Sudha Bharadwaj [Sudha Bharadwaj v. National Investigation Agency].
Read more


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Also read:
Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon (Live Law / Sep 2021)

Poet Varavara Rao’s interim medical bail extended till December 6

Poet Varavara Rao’s interim medical bail extended till December 6


VV Rao walks out of Hospital in March 2021. Pic: Indira Jaising

Poet Varavara Rao’s interim medical bail extended till December 6

29/11/2021

Scroll.in / by Scroll Staff

The bench extended the time for Rao to surrender as the NIA failed to get him medically examined at Mumbai’s Nanavati hospital in compliance with a court order.
Poet Varavara Rao, an accused in the Bhima Koregaon case, need not surrender to the Taloja Jail authorities until December 6, the Bombay High Court said on Monday, according to PTI.
Read more


Bombay High Court directs NIA to take Varavara Rao to private hospital for medical examination

29/11/2021

Bar & Bench / by Neha Joshi

Due to confusion on who would bear the expense for Rao’s medical examination, the examination could not be completed.
The Bombay High Court on Monday directed the National Investigation Agency (NIA) to take Bhima Koregaon accused Varavara Rao to a private hospital for medical examination at the expense of the agency.
Read more

Bombay HC Asks Jesuit Group to File New Plea if They Want Stan Swamy’s Name Cleared

Bombay HC Asks Jesuit Group to File New Plea if They Want Stan Swamy’s Name Cleared


Pic: Mumbai, Sep 2021

Indian Jesuits want Father Stan’s reputation restored

26/11/2021

UCA News / by UCA News reporter

They believe the late activist priest was implicated in mob violence for standing up for the rights of indigenous people.
Indian Jesuits plan to appeal to a court to clear the stigma attached to their activist colleague Father Stan Swamy, who died under detention after being arrested under a draconian anti-terror law.
Read more


Bombay HC Asks Jesuit Group to File New Plea if They Want Stan Swamy’s Name Cleared

25/11/2021

The Wire / by The Wire Staff

Swamy died while his appeal in the high court against the NIA special court’s order denying him bail was pending.
The Bombay high court on Wednesday asked the lawyers of late Jesuit priest and tribal rights activist Stan Swamy to file a fresh petition against observations made by a special National Investigation Agency court against him in the Elgar Parishad case.
Read more


HC asks lawyers to file fresh plea against special NIA court’s observations against Stan Swamy

24/11/2021

The Indian Express / by Express News Service

After his death on July 5, Swamy’s lawyers had requested the court to keep pending his appeals against special court orders rejecting his bail pleas on medical grounds and merits.
The Bombay High Court on Wednesday asked late Father Stan Swamy’s lawyers to file fresh independent plea raising grievances pertaining to the observations made against the Jesuit priest by the Special NIA Court while rejecting his bail pleas.
Read more


Bombay High Court Disposes Father Stan Swamy’s Petitions ; Allows Jesuits To Initiate Separate Proceedings

24/11/2021

Live Law / by Sharmeen Hakim

Four and a half months after Father Stan Swamy’s demise, the Bombay High Court has allowed the Jesuits to initiate separateproceedings to clear the odium attached to his name and reputation because of the Bhima Koregaon – Elgar Parishad case.
A division bench of Justices Nitin Jamdar and Sarang Kotwal disposed of as withdrawn Swamy’s bail appeal and anotherpetition challenging his prosecution under the Unlawful Activities (Prevention) Act.
Read more

NIA court rejects bail plea of Elgar Parishad accused Mahesh Raut

NIA court rejects bail plea of Elgar Parishad accused Mahesh Raut

Hindustan Times / by Vinay Dalvi

It has been alleged that Raut had provided funds for banned organisations and sent some students to the jungle to join the Naxalite movement.
A special National Investigation Agency (NIA) court on Thursday rejected the bail application of forest rights activist Mahesh Raut, arrested in the Elgar Parishad case, for allegedly spreading Maoist ideology and encouraging unlawful activities.
Read more

Criticism of government, PM Modi not sedition, UAPA: Accused to NIA court

Criticism of government, PM Modi not sedition, UAPA: Accused to NIA court

Criticism of government, PM Modi not sedition, UAPA: Accused to NIA court

24/11/2021

Bar & Bench / by Neha Joshi

Accused Ramesh Gaichor and Sagar Gorkhe had been arrested in 2020 by the NIA for allegedly making inflammatory speeches leading to the riots of Bhima Koregaon in 2018.
Ramesh Gaichor and Sagar Gorkhe, accused in the Bhima Koregaon case of 2018, have approached the Special Court under the National Investigation Act seeking bail.
Read more


Within my rights to speak against political party, its leader: Elgar Parishad accused in bail plea

24/11/2021

India Today / by Vidya

Two accused in the Elgar Parishad case of 2018 have approached the special court dealing with National Investigation Agency (NIA) cases, seeking bail.
The two, Ramesh Gaichor and Sagar Gorkhe, are alleged to be members of the banned organisation Kabir Kala Manch. They were arrested by the NIA in 2020 and charged with sedition under the Indian Penal Code and under the Unlawful Activities (Prevention) Act (UAPA) for allegedly giving inflammatory performances at the Elgar Parishad event organised in the heart of Pune city, which led to the riots at Bhima Koregaon in 2018.
Read more

Anand Teltumbde Seeks Temporary Bail To Visit Mother After Brother’s Encounter Killing

Anand Teltumbde Seeks Temporary Bail To Visit Mother After Brother’s Encounter Killing

Anand Teltumbde Seeks Temporary Bail To Visit Mother After Brother’s Encounter Killing

23/11/2021

Live Law / by Sharmeen Hakim

Anand Teltumbde, Dalit scholar and accused in the Bhima Koregaon – Elgar Parishad case has sought the special NIA court’s permission for temporary bail to visit his 90-year-old mother for 15 days following brother – Milind’s – death in an encounter.
A telephone conversation earlier permitted by the court did not materialise.
Milind, an alleged Maoist leader was killed in an encounter by security personnel in Maharashtra’s Gadchiroli district along with 26 others.
Read more


Anand Teltumbde moves NIA Court for interim bail after death of brother Milind Teltumbde

23/11/2021

Bar & Bench by Neha Joshi

Milind Teltumbde was among the 26 killed in a recent gun-battle encounter that took place on November 13 this year at Korchi in Gadchiroli, Maharashtra.
Accused in Bhima Koregaon case, Anand Teltumbde has moved a Mumbai court seeking interim bail to visit his mother and family, after the recent death of his brother, Milind Teltumbde, who was also a wanted-accused in the 2018 case.
Read more

Bombay High Court Asks Varavara Rao To File Fresh Petition; Extends Time To Surrender Till Dec 2

Bombay High Court Asks Varavara Rao To File Fresh Petition; Extends Time To Surrender Till Dec 2

Bombay HC Asks Varavara Rao To File Fresh Petition for Extension Of Medical Bail; Extends Time To Surrender Till Dec

19/11/2021

Live Law / by Livelaw News Network

The Bombay High Court on Thursday asked Bhima Koregaon-Elgar Parishad accused P Varavara Rao to file a fresh petition to extend temporary medical bail granted to him on February 22, 2021 for six months.
The court observed that it could not modify bail conditions imposed by the previous bench, therefore, a new substantive petition would be required. The bench extended Rao’s time to surrender till December 2 in the interim.
Read more


Varavara Rao’s Bail Extended till December 2

19/11/2021

Silverscreen / by Namrata Ganguly

The Bombay High Court has extended the interim bail of Varavara Rao, activist and co-accused in the Bhima Koregaon case, till December 2. This is an extension to his six-month interim bail that was granted in February…
The court will next hear the case on November 29.
Read more


Poet Varavara Rao’s interim medical bail extended till December 2

18/11/2021

Scroll.in / by Scroll Staff

Owing to Rao’s ill health, his counsel had demanded a bail extension of four months.
Poet Varavara Rao, an accused in the Bhima Koregaon case, need not surrender to the Taloja Jail authorities until December 2, the Bombay High Court said on Thursday, according to PTI.
Read more

Youngest accused Mahesh Raut and Jyoti Jagtap move special court for bail

Youngest accused Mahesh Raut and Jyoti Jagtap move special court for bail

Youngest accused Mahesh Raut and Jyoti Jagtap move special court for bail

17/11/2021

Bar & Bench / by Neha Joshi

Mahesh Raut and Jyoti Jagtap, two of the youngest accused in the case from 2018 have approached the Mumbai Sessions Court seeking regular bail.
Two of the youngest accused in the Bhima Koregaon case from 2018, Mahesh Raut (34) and Jyoti Jagtap (32), have approached the Mumbai Sessions Court seeking regular bail. This is Jagtap’s first bail application.
Read more


Special NIA court begins hearing bail applications of the youngest accused

17/11/2021

India Today / by Vidya

A Special NIA court began hearing bail applications of two of the youngest accused in the 2018 Elgar Parishad case on Wednesday.
One of the accused in the case, Mahesh Raut has filed a bail plea which was argued by advocate Vijay Hiremath…
Apart from these two accused, Hany Babu, Ramesh Gaichor and Sagar Gorkhe’s bail pleas will also come up for hearing.
Read more