The Bombay High Court on Monday dismissed the appeal filed by activist Gautam Navlakha from the Taloja Central Jail challenging the rejection of his statutory bail by the special National Investigation Agency (NIA) court on July 12 in the Bhima Koregaon violence case.
A division bench of Justices SS Shinde and MS Karnik was hearing the appeal filed through senior advocate Kapil Sibal on September 9.
Mr. Sibal had argued that 34 of days of Mr. Navlakha’s house arrest was not considered as detention and the NIA did not file its charge sheet within the stipulated period of 90 days as per the Code of Criminal Procedure (CrPC). Hence Mr. Navlakha was eligible for default bail.
However, senior advocate SV Raju appearing for the Central agency, contended that the house arrest period could not be counted as the date of producing Mr. Navlakha before the magistrate. “Mr. Navlakha was a free man as he was neither in custody nor on bail,” he had said.
The bench had reserved the order on December 16.
As per the charge sheet, Mr. Navlakha has played an active role and was involved in secret communications with Communist Party of India (Maoist) cadres.
TIMELINE:
August 28, 2018 – He was arrested in Pune. However, the Delhi High Court directed that he be kept under house arrest.
October 1, 2018 – The Delhi High Court quashes his arrest. Mr. Navalakha files for quashing the FIR and seeks anticipatory bail.
April 8, 2020 – The Supreme Court directs him to surrender within one week.
April 14, 2020 – He surrenders before the NIA office and sent to police custody.
April 25, 2020 – He is sent to judicial custody (has been extended since then)
June 29, 2020 – He files an application for extension of time for filing the charge sheet.
July 12, 2020 – The NIA court rejects his statutory bail application.
September 9, 2020 – He moves in appeal before the Bombay High Court against the rejection of statutory bail.
December 16, 2020 – The Bombay High Court reservs order
February 8 – The High Court rejects the appeal
