Mumbai: Bombay high court has released on bail five persons arrested by Maharashtra Anti-Terrorism Squad (ATS) in the 2018 Nalasopara arms haul case and for conspiracy to disrupt the 2017 Sunburn festival in Pune. “..
.we have prima facie formed an opinion that these statements [of witnesses] are insufficient to establish the charge of conspiracy against the appellants,” said Justices Bharati Dangre and Manjusha Deshpande in the July 30 order. HC noted that though the trial has commenced, only two of the 417 witnesses have been examined and since Sept 2023, no one has been examined.
Observing that “speedy trial is recognised as a fundamental right”, HC directed that Sujith Rangaswamy, Amit Baddi, Ganesh Miskin, Shrikant Pangarkar, and Bharat Kurane be released on personal bond of Rs 50,000 each. The five accused had appealed against the refusal of bail by the special court. HC noted that the allegations involve storage and seizure of arms to give effect to the conspiracy to disrupt the Sunburn festival.
However, defence advocates said “there was no recovery of incriminating articles, either from them or at their behest”. The judges said the chargesheet showed ATS Vikhroli unit on Aug 7, 2018, got a tipoff of ‘disruption’ activity in Mumbai and Pune. ATS apprehended Sharad Kalaskar and Vaibhav Raut, raided their residences and seized arms, ammunition, and explosives.
An FIR was filed under the Unlawful Activities (Prevention) Act, Explosives Act, Arms Act, and Indian Penal Code. Fourteen persons, including the five appellants, were arrested. ATS alleged they were active members of Sanatan Sanstha and Hindu Janjagruti Manch and had formed a gang for opposing anti-Hindu elements.
ATS claimed they held a meeting on Christmas day in 2017 and targeted the Sunburn festival between Dec 26-31. But the HC noted that “the act..
.was never executed and none of the appellants indulged in the commission of any crime, either in the conduct of Sunburn Festival or any such festival.” Also, the festival was “successfully completed” and arrests were made eight months later, in Aug 2018.
The judges said a perusal of witness statements shows the conspiracy charge is “insufficient”. In the case of two appellants, a reference was made to their mere presence in the meeting, but it would deserve consideration at trial. We also published the following articles recently Charges grave: What Delhi court said on IAS officer Puja Khedkar's pre-arrest bail plea A Delhi court dismissed the anticipatory bail plea of trainee IAS officer Puja Khedkar, accused of cheating and forgery, citing the need for thorough investigation.
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