Gautam Navlakha, the activist accused in the Bhima Koregaon violence case, has been granted bail as the Supreme Court lifted the stay on the Bombay High Court’s bail order. The Court’s decision was influenced by the detailed nature of the High Court’s order and the anticipated lengthy trial duration. With Navlakha’s release pending the deposit of Rs 20 lakhs.
![[Breaking] Gautam Navlakha Granted Bail in Bhima Koregaon Case as SC Lifts Stay on Bombay HC Order](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/05/MicrosoftTeams-image-55-1.png?resize=820%2C461&ssl=1)
NEW DELHI: Today (14th May): Gautam Navlakha, a human rights activist and former Secretary of the People’s Union for Democratic Rights (PUDR), has been granted bail in the Bhima Koregaon violence case of 2018. The Supreme Court lifted the stay on the Bombay High Court’s order, which had previously granted bail to Navlakha.
This decision was made by a bench of Justices MM Sundresh and SVN Bhatti, considering the detailed nature of the High Court order and the expected lengthy duration of the trial.
Granted leave and observed, “The charges have not been framed yet, and there are numerous witnesses, up to 370… Some co-accused have already been granted bail, while others have not… The appellant has been in custody for four years and under house arrest… Considering the detailed order passed by the High Court and the likelihood of a lengthy trial, we direct the Appellant to pay twenty lakhs as a pre-condition for bail. The Appellant must also cooperate fully with the trial court.” The Bench stated
Background:
Navlakha was arrested in August 2018 in connection with the Bhima Koregaon violence case. Initially incarcerated, he was later placed under house arrest in November 2022 following a plea granted by the Supreme Court based on his advanced age. He has since been under house arrest in Navi Mumbai.
The Supreme Court, while hearing the National Investigation Agency’s (NIA) appeal against the Bombay High Court’s December 2023 order granting bail to Navlakha, chose not to extend the stay on bail. The Court acknowledged the comprehensive nature of the High Court’s bail order and expressed concerns about the prolonged duration of the trial.
Justices Sundresh and Bhatti decided against further extending the stay, stating that the trial could take years to complete.
READ ALSO: Bombay High Court Grants Bail to Gautam Navlakha in Bhima Koregaon Case
During the hearing, it was revealed that Navlakha owed the NIA approximately Rs 1.75 crore in security costs for his house arrest. Justice Sundresh noted the extended period of Navlakha’s incarceration and suggested that lifting the stay on bail would also resolve the issue of the rising dues.
Navlakha’s legal team, represented by Senior Advocate Nitya Ramakrishnan and Advocate Stuti Rai, contested the mentioned pending dues.
During the proceedings, ASG SV Raju, representing the NIA, mentioned that a sum of one crore seventy-five lakhs was owed for the deployment of police personnel around the clock.
Senior Advocate Nitya Ramakrishnan, appearing for Navlakha, highlighted his age and health issues, stating that he is 75 years old and suffering from various health ailments.
The Court stated, “We will consider both cases simultaneously… we’ve decided not to prolong the interim order… at least this issue of increasing costs will be resolved… all other accused have already been granted bail.”
The Court decided to consolidate both matters for hearing and announced that it would not extend the interim order. This decision aimed to address the issue of accumulating costs. Additionally, it noted that all co-accused had been granted bail.
The Supreme Court was considering a Special Leave Petition filed against the Bombay High Court’s judgment, which had rejected Gautam Navlakha’s request for house arrest in the Bhima-Koregaon Case. Initially, on November 10, 2022, the Supreme Court placed Navlakha under house arrest through an interim order.
The Court ordered Navlakha to deposit Rs 20 lakh while listing the NIA’s challenges for the final hearing. The decision to grant bail and the requirement for the deposit aimed to address both Navlakha’s continued confinement and the outstanding dues to the NIA.
READ PREVIOUS REPORTS ON GAUTAM NAVLAKHA CASE
