Today(on 21st June), The Supreme Court granted two weeks of interim bail to Mahesh Raut, a Bhima Koregaon case accused, to attend his grandmother’s last rites, starting from June 26 to July 10, 2024. The NIA Special Court will determine the conditions of release, with Raut required to surrender by July 10.
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NEW DELHI: Today(on 21st June), The Supreme Court of India has granted interim bail to Mahesh Raut, an accused in the Bhima Koregaon case, for a period of two weeks to attend the last rites ceremonies of his grandmother. The order was issued by a Vacation Bench comprising Justices PV Sanjay Kumar and Augustine George Masih.
The interim bail period will commence on June 26, 2024, and end on July 10, 2024. The Court stated-
“Considering the duration of the applicant’s incarceration, the Supreme Court has granted two weeks of interim bail starting from June 26, 2024, to July 10, 2024.”
This decision reflects the Court’s consideration of Raut’s prolonged detention and the compassionate grounds for his temporary release.
The Supreme Court specified that the terms and conditions for Raut’s release would be determined by the National Investigation Agency (NIA) Special Court.
The order stated-
“The NIA Special Court will specify the terms and conditions of the release.”
This indicates that while the Supreme Court has approved the interim bail, the specifics regarding Raut’s conduct and restrictions during this period will be managed by the lower court.
Moreover, the Supreme Court has provided the NIA the authority to recommend stringent conditions for Raut’s release if deemed necessary.
“The NIA has the option to request the trial court to impose strict conditions.”
– the order emphasized, ensuring that Raut’s temporary freedom will not compromise the ongoing legal proceedings or pose any threat.
Raut is required to surrender to the authorities upon the completion of the bail period. The Court clearly mentioned-
“The applicant is required to surrender on July 10.”
marking the end of the interim bail term.
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Mahesh Raut, a former Prime Minister Rural Development Fellow, has been in custody since his arrest in 2018 in connection with the Bhima Koregaon violence and the alleged Maoist links. His case has been a part of the larger investigation into the Elgar Parishad event and subsequent violence that occurred in January 2018. The interim bail granted to Raut is a temporary reprieve amidst his long incarceration and ongoing legal battles.
The decision by the Supreme Court underscores the judiciary’s ability to balance the strict requirements of law enforcement with humanitarian considerations. While the interim bail offers Raut a brief period to attend to personal matters, the stringent oversight by the NIA Special Court ensures that legal protocols are meticulously followed.
The National Investigation Agency (NIA) has firmly opposed the interim bail application for forest rights activist, Raut, citing his involvement in serious offences under the Unlawful Activities (Prevention) Act (UAPA). The NIA counsel questioned the necessity of approaching the court, stating-
“Why is there a need to approach this court?”
The court, however, clarified its position, noting that it could not intervene since the Supreme Court had already stayed Raut’s bail.
The court stated-
“Since his bail has been suspended by the Supreme Court, the NIA Court cannot intervene.”
Raut’s legal journey has been tumultuous. Last year, the Bombay High Court granted him regular bail, but the same court stayed its own order for a week following an appeal from the NIA. The NIA quickly moved an appeal to the Supreme Court, which extended the stay on Raut’s bail. Raut has been in custody since his arrest in June 2018.
Before his appeal to the High Court, Raut’s bail plea was rejected by a special NIA court in November 2021. During the High Court proceedings, Raut emphasized his background as a forest rights activist and his status as a former fellow of the Prime Minister’s Rural Development Programme.
The NIA’s opposition to Raut’s bail was vigorous. They alleged that Raut was instrumental in recruiting young students from colleges into the Communist Party of India (Maoist).
The NIA counsel presented evidence suggesting that the Communist Party of India (Maoist) had given Raut Rs.5 lakhs. This allegation was linked to co-accused Surendra Gadling and Sudhir Dhawale.
Despite these allegations, the High Court granted Raut bail in September 2023.
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The court observed-
“Simply because a co-accused claims to have handed money to Raut does not automatically make him a recipient, especially when there is no other evidence to support this claim.”
This bail order, however, was subsequently stayed.
Case Title:
National Investigation Agency v. Mahesh Sitaram Raut and anr.