Bhima Koregaon accused Stan Swamy files appeal before Bombay High Court challenging Special NIA Court order refusing bail

Father Stan Swamy has approached the Bombay High Court challenging the orders passed by the Special Court refusing him bail in relation the Bhima Koregaon violence that broke out in 2018..His bail plea on the ground of medical emergency arising due to COVID-19 pandemic was rejected in October by the Special Court dealing with cases investigated by the National Investigation Agency (NIA). .In March 2021, the Special Court refused bail on merits concluding that Swamy failed to make out a case for grant of bail..Collective interest of community outweighs right of personal liberty of Stan Swamy: Special NIA Court while rejecting bail to Swamy [Read Order].Swamy has now filed two separate appeals challenging two orders. He has also filed an interim application seeking condonation of delay in challenging the order of October 2020 since there is a delay of more than 90 days in filing the appeal..In the two appeals Swamy stated that the Special Court wrongfully denied him bail. The appeal filed through advocate Mihir Joshi will be mentioned before the High Court for urgent hearing..Swamy will be seeking urgent release on interim bail on the ground that he is suffering from severe degenerative condition due to Parkinsons disease..Swamy, an octogenarian, also contended that he has apprehension of contracting COVID as presently over 40 inmates from the Taloja jail (where he is also presently lodged) are COVID positive. .Swamy was arrested from his house in Ranchi on October 8, 2020 for his alleged role in inciting riots at Bhima Koregaon in 2018. He was later remanded to judicial custody and is presently still in custody..In the bail plea before the Special Court, Swamy had contended that he is not a flight risk and will not jump bail.He also pointed out that his name was allegedly not even part of the original FIR but was added in the remand application in 2018 by the police as a suspected accused..NIA opposed the bail application, vehemently arguing that Swamy was involved in the activities being carried out by the Communist Party of India (CPI) (Maoist)..Additional Sessions Judge DE Kothalikar observed in the bail rejection order that factors like old age and sickness will not go in favour of Swamy for his release on bail considering that there was prima facie case against him for hatching conspiracy to overthrow democracy.

Bhima Koregaon accused Stan Swamy files appeal before Bombay High Court challenging Special NIA Court order refusing bail

Neha Joshi

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