Mumbai: The Bombay High Court on Friday reserved its order on the bail plea filed by former Delhi University professor Hany Babu, an accused in the Elgar Parishad–Maoist links case.
Focus on Prolonged Incarceration
A bench of Justices Ajey Gadkari and Ranjitsinha Bhonsale clarified that the order would not be on the merits of the case but on the question of the accused’s prolonged incarceration without trial.
Arguments by Defense
Senior advocate Yug Chaudhary, appearing for Babu, argued that his client has been in custody for over five years and two months without commencement of trial.
“The Supreme Court’s order in makes it clear that prolonged incarceration violates Article 21. Charges have not even been framed till today. The prosecution just wants to keep him behind bars,” Chaudhary submitted, adding that timelines fixed by both the HC and SC had been “consistently violated”.
Government’s Standpoint
Countering the plea, Additional Solicitor General Anil Singh, representing the Union government, contended that there was “sufficient material” to show Babu’s involvement in the offence. He distinguished Babu’s case from that of co-accused Vernon Gonsalves, Rona Wilson and Sudhir Dhawale, who were granted bail after spending more than six years in prison.
“In Vernon’s case, the Court found there was no material along with long incarceration. That finding cannot apply here. In grave offences, bail cannot be granted merely on the ground of long incarceration,” Singh argued.
Bench’s Observations
The bench, however, asked Singh whether the State was only focusing on the maximum prescribed punishment without considering the minimum. “If he is acquitted, then what?” the judges queried.
Request for Relaxation of Bail Conditions
Chaudhary also pressed for relaxation of surety conditions if the court was inclined to grant bail. “Please do away with the requirement of local surety and permit cash bail initially,” he urged. The bench responded: “We will see.”
Case Background
Babu, arrested on July 28, 2020, is accused of being a member of the banned CPI (Maoist) and of conspiring to assassinate Prime Minister Narendra Modi. He is presently lodged in Taloja Central Jail, Navi Mumbai.
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His earlier bail pleas were rejected by a trial court in February 2022 and by the HC in September 2022. He had then approached the Supreme Court but later withdrew his petition, indicating that he would file a fresh plea before the HC citing change in circumstances.
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