Bombay HC upholds right to speedy trial, grants bail to five in 2018 arms haul case
Mumbai (PTI): Speedy trial has received recognition of the fundamental right of a person facing accusations, the Bombay High Court has said while granting bail to five persons arrested by the Maharashtra ATS in 2018 for allegedly plotting to attack Pune's Sunburn festival in 2017.
A division bench comprising Justices Bharati Dangre and Manjusha Deshpande said in an order on July 30 that the evidence presented by the prosecution was insufficient to substantiate the conspiracy charges, and noted the lengthy incarceration of the accused and the bleak prospects of a speedy trial.
The five accused, Sujith Rangaswamy, Amit Baddi, Ganesh Miskin, Shrikant Pangarkar and Bharat Kurane, were arrested in 2018 after the ATS had seized a cache of arms, ammunition, and explosives from the residence of two other suspects in Nalasopara in 2018.
The five accused have been in custody since 2018, and the trial is expected to be lengthy, with 417 witnesses on the prosecution's list.
"The chances of timely completion of trial appear to be bleak. Speedy trial has received recognition of the fundamental right of a person facing accusations," the bench said.
The ATS had claimed the cache of arms and ammunition were intended for an attack on the Sunburn music festival in December 2017.
The ATS case was that the accused persons were active members of right-wing groups 'Sanatan Sanstha' and 'Hindu Janjagruti Samiti', and they were influenced by the philosophy of creation of a 'Hindu Rashtra'.
The court, which was hearing appeals filed by the accused challenging a special court order refusing them bail, noted that none of the alleged attacks was carried out.
"The Sunburn programme was, in fact, successfully completed without any disturbance, but the arrest in the present case was made in the first week of August 2018 that is eight months after the programme was over," the court observed in its order.
The court found the prosecution's evidence, including witness statements, lacking and "insufficient".
"We have prima facie formed an opinion that these statements are insufficient to establish the charge of conspiracy against the appellants before us," the court said and granted bail to the accused, imposing conditions, including furnishing a personal bond of Rs 50,000 each and regular reporting to the ATS and attendance at court hearings.
The prosecution alleged that the accused had formed a gang to oppose anti-Hindu elements in the society and had conspired to target certain music festivals and shows, including the 'Sunburn' festival, which was to be held in Pune in 2017.
It is alleged that the accused had planned to disrupt the festival by throwing stones and petrol bombs and creating a ruckus using firearms.
The case against the accused involved charges under the Unlawful Activities (Prevention) Act, Indian Penal Code, Explosives Act, and Explosive Substances Act.
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23-year-old woman found dead at Delhi home; suicide suspected
New Delhi (PTI): A 23-year-old woman was found dead in her house in Delhi's Prem Nagar area, with police suspecting it to be a case of suicide, an official said on Tuesday.
The deceased, identified as Anjali Singh, was found motionless in her room on Monday by her sister and her neighbour.
Police said her father, Vinod Kumar Singh (51), told them that he and his wife were away at work at the time of the incident, while their son and the other daughter were also not at home at the time of the incident.
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According to the family, the room in which Anjali was found was locked from the inside. The door was later forcibly opened by a neighbour and her sister with the help of a crowbar.
Her body was found lying on the bed inside the room, police said.
Preliminary inquiry revealed that Anjali had allegedly hanged herself using a piece of cloth tied to the ceiling fan.
It is suspected that the noose eventually might have loosened or torn off, resulting in her being found lying on the bed.
Family members informed the police that Anjali was a final-year student of a librarian science course from Indira Gandhi National Open University (IGNOU). About a week ago, her final-year examination results were declared, and she had failed, following which she had been under depression, they said.
The family has not raised any allegation of foul play, police said, adding that no suicide note or external injury marks were found on the body during the initial inspection.
Inquest proceedings have been initiated in the matter as per the law. The body has been sent for post-mortem examination to ascertain the exact cause of death, and further investigation is underway, police added.
