SC allows Hany Babu to seek Bail in Bhima Koregaon case
A bench comprising Justice Pankaj Mithal and Justice PB Varale passed the order while dismissing a miscellaneous application filed by Babu seeking clarification that the withdrawal of his earlier Special Leave Petition (SLP) did not prevent the High Court from hearing his bail plea.
The court also said that Babu could seek revival of the earlier SLP filed in the Supreme Court.
In September 2022, the Bombay High Court denied bail to Babu, who was arrested in July 2020 by the NIA over alleged Maoist links in the Bhima Koregaon case.
Subsequently, in May 2024, he withdrew his SLP in the Supreme Court, stating his intent to approach the High Court for bail, citing a change in circumstances.
On May 2 this year, the High Court observed that the Supreme Court's order allowing withdrawal did not expressly reserve liberty for him to approach it again, and asked Babu to seek clarification from the top court.
During today's hearing, Advocate Payoshi Roy, appearing for Babu, submitted that he has spent five years as an undertrial and withdrew his SLP to approach the High Court as several co-accused had been granted bail on grounds of prolonged incarceration.
She stated that in comparison to these accused, Babu was 'better placed.'
The court was informed that the Bombay High Court had granted bail to Rona Wilson, Sudhir Dhawale, and Sudha Bharadwaj, while the Supreme Court granted bail to P Varavara Rao on medical grounds, and to Shoma Sen, Vernon Gonsalves, and Arun Ferreira on merits.
Opposing the plea, the NIA counsel submitted that the miscellaneous application was not maintainable as a fresh bail petition lay before the NIA court, and the High Court would act as an appellate court under UAPA provisions.
He argued, 'This is an interim bail couched as an MA.'
Justice Mithal suggested that the petitioner approach the trial court, observing, 'Your primary ground is, some other accused has been granted bail, that can also be considered by the trial court.'
Advocate Roy responded that constitutional courts could grant bail despite the restrictions of Section 43D(5) of UAPA, relying on judgments like K.A. Najeeb, which held that courts can grant bail on grounds of delayed trial and violation of Article 21.
Justice Mithal acknowledged that constitutional courts can grant bail but questioned, 'Can we direct the High Court to consider a matter which does not lie before it?'
He also noted that Babu's current plea was based on parity with co-accused and not specifically on grounds of delayed trial.
Concluding the hearing, the bench ordered, 'The miscellaneous application is dismissed, leaving it open to seek remedies either before the trial court or the High Court or seek revival of the SLP.'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
18 minutes ago
- The Hindu
Internal quota: Parameshwara appeals to groups to not protest
Home Minister G. Parameshwara here on Sunday said that the Congress government was committed to implementing internal reservation for Scheduled Caste communities in the State and appealed to those threatening to stage protest seeking implementation of it to not do so. 'We had made the declaration on internal reservation in Chitradurga and we have also committed to it in our manifesto. Whatever we need to do should be done according to the procedure and guidelines issued by the Supreme Court. We are committed to implementing internal reservation; procedures have to be followed for which we need some time,' he told presspersons. His statement comes in the light of Dalit left (Madigas) groups threatening a protest from August 11. Dalit left leaders from the BJP, including Govind Karjol and A. Narayanaswamy, have also made such a threat. The Minister said that the commission, headed by retired judge H.N. Nagamohan Das, would submit its report to the government on August 4. It would discussed in the State Cabinet and steps would be taken to implement the recommendations. The A.J. Sadashiva Commission report was not accepted by the then BJP government because of data issues. On the meeting of Ministers from the Scheduled Caste community that he had convened, Dr. Parameshwara said that it was decided to have a common voice on the internal reservation. 'If there are any issues with communities, it was decided to talk to them.'
Time of India
32 minutes ago
- Time of India
After six years in jail, Mumbai man gets bail from Supreme Court in biz partner's murder
Mumbai: The Supreme Court granted bail to Sarang Patharkar, who was in jail for nearly six years in connection with the murder of his former business partner and ex-journalist Anand Narayan in Mumbai's Antop Hill area in 2019. The apex court cited prolonged incarceration and the absence of prior criminal records as key reasons for granting bail. The court set aside the order of the Bombay High Court's bail rejection in August 2024. "We have considered the submissions. Having regard to the fact that the appellant already suffered incarceration of about six years pending trial, and it is not pointed out that he has previous criminal antecedents, we are of the view that it is a fit case where the appellant be released on bail pending conclusion of the trial," the Supreme Court bench observed. The court directed that Patharkar be released on bail under conditions deemed appropriate by the trial court. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai Appearing for Patharkar, Advocate Sana Raees Khan argued that the accused has no prior criminal record and the prosecution's case relies solely on circumstantial evidence. She also pointed out that despite two time-bound directives from the Bombay High Court, the trial made little progress, with only 19 out of 51 witnesses examined so far. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Is this legal? Access all TV channels without a subscription! Techno Mag Learn More Undo The prosecution opposed the bail plea, citing the gravity of the offence and expressed concern that releasing the accused might hamper the ongoing trial. Anand Narayan, a former sales executive with a Marathi news channel, was found murdered in his apartment at Penta Galaxy, Antop Hill, on June 4, 2019. Police alleged that Patharkar killed Narayan following a financial dispute over a failed hotel business venture. The case is primarily based on circumstantial evidence, including CCTV footage and the testimony of a mutual friend who was present during the incident. Get the latest lifestyle updates on Times of India, along with Friendship Day wishes , messages and quotes !
Time of India
32 minutes ago
- Time of India
Punjab Congress chief Amrinder Singh Raja Warring urges Centre to intervene in Punjab's land pooling policy
1 2 3 Chandigarh: Punjab Congress president Amrinder Singh Raja Warring said Sunday that the Punjab Land Pooling policy was in clear violation of the Land Acquisition, Rehabilitation and Resettlement Act, 2013, enacted by the Congress-led UPA govt in 2013 when Dr Manmohan Singh was the Prime Minister. In a written statement, Warring said it was the reason he had "urged the Central government to intervene and stop the Aam Aadmi Party (AAP) government in Punjab from implementing the land pooling policy, which is being forced upon the unwilling farmers of the state." He stated, "While the BJP tried unsuccessfully to dilute the provisions of the law, the AAP is completely subverting it in Punjab." Warring added, "After the BJP came to power at the centre in 2014, it tried to dilute the Act and its various provisions. It was for this reason that then Union minister Arun Jaitely visited then Congress president Sonia Gandhi. It was in this context that leader of opposition Rahul Gandhi on Saturday said that late Arun Jaitely tried to threaten him as he was strongly against the dilution of the provisions of the Land Acquisition Act. " Warring added, "Thanks to the Congress party and Rahul Gandhi in particular, the BJP govt dropped the idea of diluting the Land Acquisition Act, which ensures that farmers' rights are protected and they are adequately compensated and rehabilitated if their land is acquired after their due consent." by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Ask A Pro: "I'm 70 with $1.4M in IRAs. Should I convert $120K/Year to a Roth?" SmartAsset Undo He noted that the Punjab government's land pooling policy was "in clear violation of the Land Acquisition Act as it has neither taken the farmers' consent nor provided any compensation to them." He added, "The AAP government is taking farmers' land without any compensation. This will not be allowed to happen at any cost." Get the latest lifestyle updates on Times of India, along with Friendship Day wishes , messages and quotes !
