HC to Navlakha: Move special sessions court for pre-arrest bail

The Bombay high court (HC) has directed activist Gautam Navlakha, an accused in the Bhima-Koregaon violence case, to approach the special sessions court at Pune

The Bombay high court (HC) has directed activist Gautam Navlakha, an accused in the Bhima-Koregaon violence case, to approach the special sessions court at Pune for anticipatory bail. The HC has also directed the lower court to expedite the hearing.

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Navlakha approached the HC on grounds that his matter was a special case and under section 438 of the Criminal Procedure Code (Cr PC), the HC had the power to grant anticipatory bail even though the same was pending before the lower court. The bench of justice PD Naik, while hearing Navlakha’s anticipatory bail application (ABA), was informed by senior advocate Dr Yug Choudhary, that following an October 15 Supreme Court direction, Navlakha had approached the sessions court at Pune. However, as he had an apprehension that the lower court would not hear the application before the November 12 deadline allowed by the Apex court, he approached the HC.

Choudhary said that under section 438 of Cr PC, Navlakha was not barred from approaching the HC even though an application was pending in the lower court. However, additional public prosecutor Aruna Pai opposed the ABA, saying that the apprehensions of the accused were unfounded and the state would not seek an adjournment if the session’s court heard the ABA.