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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LIVE | Election Results of five states 2026
New Delhi: The countdown has begun for the counting of votes for the Assembly elections in five states that have captured the attention of people across the country.
The counting of votes for the Assembly constituencies of West Bengal, Tamil Nadu, Kerala, Assam and the Union Territory of Puducherry will begin simultaneously at 8 am, and the fate of candidates in a total of 824 constituencies will be decided shortly.
The counting of postal ballots will take place first, followed by the counting of EVM votes in several rounds.
► DMK candidate in Thiruchirapalli KN Nehru behind TVK's G Ramamoorthi by 292 votes
► The BJP has taken an early lead in West Bengal, while Mamata Banerjee faces tough competition
► TVK head Vijay leads in Perambur constituency
► M. K. Stalin is leading in Tamil Nadu’s Kolathur constituency.
► AIADMK leader Edappadi K. Palaniswami is leading in Tamil Nadu’s Edappadi constituency
► In Puducherry, BJP is leading in 3 seats.
► In Assam, BJP is leading in 56 seats, while Congress is leading in 12 seats.
► Suvendhu Adhikari leads in both Bhabanipur and Nandigram
► West Bengal CM Mamata Banerjee faces setback in Bhabanipur constituency
► Bhupen Borah, who recently left Congress and joined the BJP, is leading in Assam’s Bihpuria constituency
► Assam CM Himanta Biswa Sarma is leading in Jalukabari constituency
► BJP leader Suvendu Adhikari is leading in West Bengal’s Nandigram constituencyFive-state elections: Postal vote counting begins
► TMC, BJP lead in one seat each in West Bengal
► In Tamil Nadu, DMK leads in 3 constituencies, while TVK leads in 1
► UDF leads in 5 seats in Kerala, BJP in 1, LDF in 1
► BJP leads in 2 seats, AIUDF in 1 in Assam
► AINRC leads in 1 constituency in Puducherry
► TMC leads in 5 seats in West Bengal; Mamata Banerjee’s party maintains initial lead
► Tamil Nadu Chief Minister M.K. Stalin leads in Kolathur
► BJP takes early lead in Assam
► Congress-led UDF leads in Kerala
► Tamil Nadu, TVK chief Vijay leads in the Perambur constituency, lags in Tiruchirappalli South
► BJP leads in 10 seats in Assam
► LDF candidate V.P.P. Mustafa leads in the Thrikkaripur Assembly constituency
► Out of 294 seats in West Bengal, BJP is leading in 14 seats, TMC in 12 seats, Congress in 2 seats
► Out of 234 seats in Tamil Nadu, DMK is leading in 15 seats, AIADMK is leading in 5 seats, TVK is leading in 2 seats
► Out of 126 seats in Assam, BJP is leading in 31 seats, Congress in 4 seats, AIUDF in 2 seats.
► Out of 30 seats in Puducherry, NRC+ is leading in 3 seats, Congress in 2 seats, TVK in 1 seat.
► Congress’ Adhir Ranjan Chowdhury suffers a setback in theBerhampore constituency in West Bengal.
