Lawstreet Journal

Sudha Bharadwaj moves Bombay HC seeking default bail in Bhima Koregaon case

Lawstreet Journal 14 Jun 2021 9:56pm

Image courtesy: Lawstreet Journal Judiciary Sudha Bharadwaj moves Bombay HC seeking default bail in Bhima Koregaon case

Lawyer-Activist Sudha Bharadwaj, who is accused in the Bhima Koregaon- Elgar Parishad case, moves Bombay HC, pleading default bail, stating that the trial judge is not authorized to take cognizance of the 2019 charge sheet against her.

Her plea comes in the ambit of Sections 439 and 167 (2) of the Criminal Procedure Code, wherein, it cites that, Additional Sessions Judge Kishor Vadane in Pune was not authorized to take cognizance of the 1800 page supplementary charge sheet filed by the Pune police in February 2019.

Bharadwaj filed the plea through Advocate Yug Chaudhry and Payoshi Roy. According to her plea, the court didn’t categorize as a special court under the NIA Act, which has special and exclusive jurisdiction to try scheduled offences under UAPA, and therefore, not eligible to extend the time for filing of the charge sheet.

A single-judge bench consisting of Justice Sarang Kotwal heard the plea on Friday (June 11, 2021). The bench directed the department to forward the petition before a division bench. The court observed that according to the Supreme Court’s order in the State of Andhra Pradesh, via IG National Investigation Bureau vs. Md Hussain @ Saleem applications for bail where the NIA Act applies, would duly come under the jurisdiction of a division bench.

Bharadwaj was arrested on the 28th of August, 2018 for the involvement in the Bhima-Koregaon/ Elgar Parishad case. This case, at first was investigated by the Pune police, but later it was handed to the NIA, dating… Continue Reading...

Tagged: Koregaon-Bhima violence   Bhima Koregaon  
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