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‘Humanity Put To Rest’: Court Raps Delay In Releasing Elgar Parishad Accused Ramesh Gaichor

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Ramesh Gaichor was granted three days’ bail on August 26 to visit his ailing 76-year-old father in Pune

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A division bench comprising Justices Ajay Gadkari and Ranjitsinha Bhonsale questioned the authorities. (File photo)

A division bench comprising Justices Ajay Gadkari and Ranjitsinha Bhonsale questioned the authorities. (File photo)

The Bombay High Court on Wednesday slammed the Maharashtra Police and Prison Authorities for failing to release Ramesh Gaichor, one of the accused in the Bhima Koregaon-Elgar Parishad case, despite being granted temporary bail last month.

Gaichor was granted three days’ bail on August 26 to visit his ailing 76-year-old father in Pune. However, the Superintendent of Prisons at Taloja Central Jail did not release him, citing a recent week-long public holiday as the reason for the delay.

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A division bench comprising Justices Ajay Gadkari and Ranjitsinha Bhonsale questioned the authorities, asking, “So humanity is put to rest? Why did you not release him? Is this all just to harass him? Why did you not comply with our orders?”

The bench further asked why the Superintendent demanded a release warrant from the Magistrate when the temporary bail had been clearly granted by the High Court on “humanitarian grounds”, Live Law reported.

Public Prosecutor Mankunwar Deshmukh explained that the State had complied with court orders but claimed there was confusion over Section 388 of the Criminal Procedure Code. This section requires a release warrant from the Magistrate in cases where bail is granted on appeal.

However, the bench clarified that Gaichor’s bail was temporary and granted under section 21 of the National Investigation Agency (NIA) Act, which does not require a Magistrate’s release warrant.

Deshmukh apologised on behalf of the prison officer and assured the court that an apology affidavit would be submitted the following day. The court has deferred the hearing till September 11.

Gaichor has been in custody since September 2020 and had not met his father in over four years. The High Court had granted bail considering the medical condition of his father, who was admitted to Global Hospital in Pune for age-related issues.

“Considering the appellant’s father’s age and medical condition, and the fact that he has not met him since arrest, we are inclined to grant temporary bail,” the court had noted.

The bench had directed Gaichor’s release from September 9 to 11 on furnishing Rs 25,000 as cash security with the prison authorities.

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