Gadling gets bail; last of 15 accused in the case
MUMBAI, May 5 -- The Bombay High Court on Monday granted bail to Surendra Gadling, a lawyer known for defending human rights activists, Dalits and Adivasis, in the 2018 Elgar Parishad-Bhima Koregaon case, citing his prolonged incarceration of over eight years and the principle of parity with co-accused.
However, Gadling, lodged at Taloja Central Jail in Navi Mumbai, is unlikely to be released immediately, as he remains in custody in connection with another case linked to a suspected Maoist attack.
A division bench of Justices Ajay Gadkari and Kamal Khata noted that Gadling had spent eight years as an undertrial while the case was still at a pre-trial stage. The trial court is currently hearing discharge applications filed by several of the 15 accused and is yet to frame charges. "Prolonged incarceration as an undertrial prisoner is a ground for relief," it observed.
Gadling, arrested in June 2018 by the Pune Anti-Terrorism Squad, is among 16 accused named in the chargesheet filed by the National Investigation Agency and booked under provisions of the Unlawful Activities (Prevention) Act and the Indian Penal Code for alleged links with banned Maoist groups. His earlier bail pleas had been rejected by a Pune sessions court in November 2019, a decision later upheld by the high court and the Supreme Court. With this order, all 15 surviving accused in the case have now secured bail on various grounds, including medical conditions, prolonged incarceration and parity....
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