The State Of Maharashtra vs Surendra Pundlik Gadling

3. An F.I.R. was lodged by one Tushar Ramesh Damgude on 8.1.2018 at Vishrambaug Police Station, Pune under Sections 153-A, 505(1)(b), 117, & 34 of the Indian Penal Code, 1860, seeking to report an incident that occurred at Shaniwarwada, Pune on 31.12.2017. It has been alleged that between 2:00 p.m. and 10:00 p.m., on 31.12.2017, at Shaniwarwada, Pune, members of the ‘Kabir Kala Manch’, under the head ‘Bhima Koregaon Shouryadin Prerna Abhiyan’, held a meeting of the Elgar Parishad, where active members of CPI (Maoist) supposedly raised inflammatory slogans and engaged in certain other allied activities, with the intention to conspire, incite and abet the commission of terrorist acts and other unlawful activities by using violent means, thus, promoting enmity between different groups, which ultimately culminated 2 in the break-out of violent riots on 1.1.2018, at a place popularly known as Bhima Koregaon, where a large population of people was said to have gathered to celebrate the 200th anniversary of the battle at Bhima Koregaon. In the process of investigation, the police alleged that the accused persons, along with other accused are active members of the banned organisation, CPI (Maoist), and that it was under the connivance, guidance and directions of this banned organisation that the event of the nature, as occurred on 31.12.2017, was organised through a frontal organisation going by the name of ‘Kabir Kala Manch’. In the search and seizure operations conducted, respondents were found to be in possession of Naxalite literature, pamphlets, letters, correspondence, audio-video electronic devices and other material, which were alleged to be used for inciting people, to create violence and cause public disorder. Some of the respondents were also stated to be financiers of the illegal activity and it was also alleged that students from an eminent educational institution were taken to the forest area, occupied by Maoist Guerrilla, to meet underground Naxalites and indoctrinate and train them. The entire endeavour was alleged to be an attempt to create an atmosphere that would motivate minority groups against the Union of India and the State 3 of Maharashtra and create public disorder, aimed at vilifying the sovereignty, security and integrity of the nation and striking terror in the heart of peaceful citizens. It is in pursuance of such investigation and material found that offences under Section 120B of the IPC along with Sections 13, 16, 17, 18, 18B, 20, 38, 39 & 40 of the said Act came to be added to the charges.

4. After the initial police custody, judicial custody of the respondents was sought, for a period of 90 days, for completion of investigation, which period came to an end on 3.9.2018. The proviso to Section 43D(2)

6. An order regarding this application was passed by the Special Judge and the Additional Sessions Judge on 2.9.2018, acceding to the request made in the application. The order records that all the accused persons and their counsel, the IO and the DGP were present in the Court and that arguments were submitted on behalf of the prosecution. The following was recorded with respect to the accused, “However, the accused persons and their counsels submitted that they are not willing to submit anything.” The case diary was perused and prima facie it is stated to have revealed a collection of voluminous data in electronic form, some of which showed the involvement of the respondents in the alleged commission of the offence. Such record, it was observed, had been sent to the FSL and reports were awaited. Some of the papers collected by the IO also showed that students from Tata Institute of Social Science were 6 taken by accused Mahesh Rao to a forest area of Maoist Guerilla, to meet underground Naxalite and to train them. Since the investigation was in progress and at a crucial stage, and there had been certain progress in the investigation, the period for investigation was extended beyond 90 days, upto 180 days.

8. Aggrieved by the said order, the State of Maharashtra preferred two SLPs before this Court, in which notice was issued and operation of the order was stayed on 29.10.2018.

32. A further plea sought to be advanced, on reliance upon the Sanjay Kedia6 judgment, was that “compelling reasons” are required to be disclosed for extension of time beyond 180 days and that no such compelling reasons have been disclosed in the present case.

34. We have given our deep thought to the controversy in question.

41. We are, thus, not able to persuade ourselves to agree with the conclusions of the learned single Judge of the Bombay High Court in the impugned order and hold that the respondents would not be entitled to the benefit of default bail and consequently the impugned order is set aside.

42. We may, however, clarify that since the charge-sheet has been filed, any observations made by us herein, would not, in any manner, affect the right of the respondents to seek regular bail from the trial court, if so advised, which would be decided on its own merits by the trial court.

43. The appeal is allowed leaving the parties to bear their own costs.

..….….…………………….CJI.

February 13, 2019.