Bhima Koregaon Accused Surendra Gadling Granted Temporary Bail in 2016 UAPA Case For Performing Mother's Funeral Rites

Gadling's counsel's approached the Gadchiroli Sessions court seeking temporary bail soon after the Nagpur Bench of the Bombay High Court disposed of his regular bail application yesterday on the grounds that it was not maintainable.

Principal District and Sessions Judge Gadchiroli UB Shukla imposed similar conditions on Gadling as the Bombay High Court at its principal seat. The 2016 case pertains to the burning of around 80 vehicles at the Surjagrah mining site in the Maoist belt of Gadchiroli.

Gadling was granted temporary bail on July 30 in the Bhima Koregaon – Elgar Parishad case "purely on humanitarian grounds" from August 13 to 21 to perform his mother's funeral rites on her first death anniversary.

A division bench headed by Justice SS Shinde and NJ Jamadar had 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.

"In the prevailing social construct, the first death anniversary of an immediate family member has an element of religious, personal and emotional significance. Admittedly, the appellant has not been able to participate in any of the rites/rituals in connection with the death of his mother. Viewed through this prism, we do not find the prayer of the appellant unjustifiable," the bench had observed.

However, to be released, keeping in line with the Bombay High Court's orders, Gadling also needed temporary or regular bail in the 2016 arson case, which he was granted today.

Gadling was arrested in the Bhima Koregaon - Elgar Parishad Case three years ago on June 6, 2018, and booked under sections of the Indian Penal Code and the anti-terror Unlawful Activities (Prevention) Act for alleged CPI(Maoist) links.

Gadling faces charges under sections 121, 121A, 124A, 153A, 505(1)(b), 117, 120b r/w 34 of the IPC and sections 13,16,17,18,18-B,20,38,39 and 40 of the UAPA along with 14 other activists. Father Stan Swamy, the 16th accused to be arrested, passed away on July 5.