Reason for seeking temporary bail does not survive: NIA opposes Surendra Gadling's temporary bail plea in Bombay High Court

The National Investigation Agency (NIA) has asked the Bombay High Court to dismiss the appeal filed by Bhima Koregaon accused Surendra Gadling seeking temporary bail, as the ground cited by Gadling regarding his mother's demise does not survive anymore (Surendra Gadling v. National Investigation Agency)

. The submission was made by NIA in response to Gadling's appeal challenging the order of the Special NIA Court rejecting his application for temporary bail.

He had sought bail to attend his mother's funeral after she expired in August 2020.

. After Special Judge DE Kothalikar had rejected his application, Gadling had moved the High Court seeking urgent temporary bail to attend a programme arranged by his family for his mother's first death anniversary which is scheduled to be held in August 2021.

A Bench of Justices SS Shinde and NJ Jamadar had then sought NIA's response to the plea.

. Responding to the appeal, NIA submitted that the order was passed 10 months ago and "assuming there was a reason for making application at that time, today the same reason does not exist" .

. NIA submitted that "the seriousness of the offence, coupled with the fact that the reason for temporary bail does not survive now is sufficient reason to reject the application of the appellant (Gadling)" .

. NIA argued that the proceeding before the Court was in the form of an appeal.

Assuming that the order is found to be incorrect, the clock could not be set in reverse motion since the reason does not survive, the affidavit stated.

. The investigating agency further added that the "ground on which the bail is sought is untenable for the very reason that it (funeral rites) could be performed by anybody from his family member" .

. Gadling was arrested in June 2018 for his alleged involvement in the Bhima Koregaon riots which took after the Elgar Parishad event in Pune and since then was lodged in Taloja Central Prison along with the other male co-accused.

. NIA submitted that during the investigation it was allegedly revealed to them that Gadling was a member of the CPI (Maoist) organisation which is banned under the Unlawful Activities (Prevention) Act (UAPA).

. Gadling was also allegedly involved in the exchange of old Indian currency received through guerrilla zone of CPI (Maoist) with new currency as also shared sensitive information about the deployment of security forces with senior cadre of CPI (Maoist), NIA said.

. Another ground for seeking dismissal by NIA in its affidavit was that the "lower court had then chosen not to bail him out in view of his role and deep involvement in the crime"

. Gadling had sought temporary bail from the Special NIA Court on the ground that his mother had expired in August 2020 and he was required to join his family members to perform the last rituals.

However the application was rejected by the NIA Mumbai Court in September 2020.

In view of this Gadling moved the High Court assailing the order and sought urgent temporary bail.

. Senior Advocate Indira Jaising, appearing for Gadling had submitted that it had been over a year and the funeral rites of his mother had not been conducted yet.

She submitted that a funeral rites programme had been arranged on his mother's first death anniversary on August 15, this year.

. The matter is posted for hearing on July 28, 2021.

Reason for seeking temporary bail does not survive: NIA opposes Surendra Gadling's temporary bail plea in Bombay High Court

Neha Joshi

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