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Bhima Koregaon: Bombay HC Asks Gautam Navlakha To Withdraw Anticipatory Bail Plea And Seek Relief From Sessions Court

Nitish Kashyap
4 Nov 2019 4:05 PM GMT
Bhima Koregaon: Bombay HC Asks Gautam Navlakha To Withdraw Anticipatory Bail Plea And Seek Relief From Sessions Court
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The Bombay High Court on Monday asked journalist and activist Gautam Navlakha to go before the sessions court seeking anticipatory bail and directed the Sessions Court to expedite hearing in the case.Justice PD Naik was hearing Navlakha's anticipatory bail application under Section 438 of CrPC.67-year-old Navlakha has been accused by the Pune police of having 'deep involvement' with Maoists...

The Bombay High Court on Monday asked journalist and activist Gautam Navlakha to go before the sessions court seeking anticipatory bail and directed the Sessions Court to expedite hearing in the case.

Justice PD Naik was hearing Navlakha's anticipatory bail application under Section 438 of CrPC.

67-year-old Navlakha has been accused by the Pune police of having 'deep involvement' with Maoists and in the caste-based violence that took place at Koregaon Bhima on January 1, 2018. Supreme Court had extended the protection from arrest granted to Navlakha for four weeks on October 15.

Navlakha moved Supreme Court after the Bombay High Court refused to quash the FIR against him in the Bhima Koregaon case.

Justice Naik enquired from the applicant's counsel Dr.Yug Chaudhary when the interim protection from arrest expires, to which Dr.Chaudhary replied, November 12.

"You should have gone to the Sessions Court. The application will be decided expeditiously there", Justice Naik said.

Dr.Chaudhary then argued that his client only has a week and sought the stay on arrest to be extended so that he gets time to move the High Court.

Court then directed the prosecution not to seek any adjournment in the matter before Sessions Court and the Sessions Court was directed to hear Navlakha's plea expeditiously.

Apex Court's bench of Justice Arun Mishra and Justice Deepak Gupta were not inclined to entertain the plea for quashing the FIR against Navlakha. Thus, the bench asked Navlakha to seek anticipatory bail in the case after going through the material regarding Navlakha's involvement in the case, placed on record by Maharashtra police in a sealed cover. Court observed that it was not proper to quash the FIR when investigation in the case is still going on.

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