The Hon’ble Bombay High Court observed that the rigours of regular bail under the Unlawful Activities (Prevention) Act would not apply for the grant of temporary bail on humanitarian grounds while granting temporary bail to Bhima Koregaon.
The instant appeal is filed under section 21(4) of the National Investigation Agency Act, 2008, against an order of rejection of temporary bail dated 11th September 2020 passed by the learned Special Judge, NIA, Greater Bombay, on an application for temporary bail by the appellant herein who is charged under sections 121, 121(A), 124(A), 153(A), 505(1)(B) and 117 read with sections 34 and 120B of the Indian Penal Code, 1860 and sections 13, 16, 18, 18B, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 2008.
The prayer by the appellant before NIA Special court was for release on temporary bail to join his family members in performing the last rites of his mother Manjula Gadling, who passed away on 15th August 2020.
Needful to mention, the reason stated by the NIA special court in rejecting the temporary bail application was that the appellant’s regular bail application was rejected previously.
In the appeal herein appellant filed an additional affidavit because of the change in circumstances and prayed that he should be granted temporary bail to attend his mother’s 1st death anniversary and to attend rites, rituals and condolence meetings, etc. which could not be held last year when his mother died due to covid-19 restrictions.
Moreover, the learned counsel for the appellant herein Indira Jaising relying on Judgements Nasrat Ali Mohammad Idris Khan Vs. The State of Maharashtra where the temporary bail was granted on a humanitarian basis prayed that the appellant is released on the humanitarian ground.
The Hon’ble bench comprising Hon’ble justice. N.J. Jamadar and Hon’ble justice S.S. Shinde Considering the first death anniversary of an immediate family member having an element of religious, personal, and emotional significance granted the release of the appellant on purely humanitarian ground.