Elgar Parishad: NIA, State govt oppose Sudha Bharadwaj's bail plea in Bombay HC

The National Investigation Agency NIA on Monday opposed the bail plea of the Elgar Parishad case accused Sudha Bharadwaj a rights activist who moved the Bombay High Court for default bailAdditional Solicitor General ASG Anil Singh argued no valid default bail plea as his main grounds to oppose the default bail application filed by the accused Sudha Bhardwaj in the Elgar Parishad caseSingh told the court There was no valid default bail plea filed under section 1672 of CrPC Because the right of default bail applies only after 90 days of actual arrest and before the charge sheet is filed In this case three default bail applications were filed First default bail before 90 days of arrest and the other two were filed after the charge sheet So No valid bail pleaCognisance on the charge sheet has nothing to do with the default bail application as both are independent issues The only delay in filing of charge sheet is relevant ground for default bail said SinghHe further said Sections 13 and 16 of NIA act clearly say that NIA courts role comes only at the trial stage and presently the case is in pretrial stage So based on this fact also a challenge to court jurisdiction is not a valid argument for seeking default bailAlso read Elgar case HC directs NIA to file reply on Sudha Bharadwajs bail plea by July 3In her submissions before the court Sudha Bharadwaj had stated that the judge who took confidence in the charge sheet against her was not a designated special judge The same judge granted an extension of time to the NIA to file the charge sheet said in her default bail pleaSudha Bharadwaj was arrested in August 2018 in connection with the Bhima KoregaonElgar Parishad caseReferring to one of the Supreme Courts judgements to support his case Singh said Even if the initial remand is not by the proper court and subsequently there is a remand by the proper court the same get regularisedThe Bombay High Court is likely to conclude the hearing on the bail plea of Sudha Bhardwaj on default grounds in the case todaySingh appearing for the National Investigation Agency concluded his arguments for the investigation agency and Advocate General AG Ashutosh Kumbhakoni has completed arguments for Maharashtra stateThe court will hear the matter today at 10 am AThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever