On activist Sudha Bharadwaj’s bail plea, Bombay HC asks NIA, Maharashtra to respond by July 2

The Bombay High Court on Tuesday directed the National Investigation Agency and the Maharashtra government to file their replies to lawyer-activist Sudha Bharadwaj’s default bail plea by July 2, reported Live Law. Bharadwaj is in jail in connection with the Bhima Koregaon case.

The activist had moved the High Court for default bail on June 11. Bharadwaj sought bail on the grounds that the Pune Police did not file a chargesheet against her within 90 days, as required under Section 167(2) of the Code of Criminal Procedure. The inquiry in the case was later taken over by the National Investigation Agency.

In November 2020, the Supreme Court had said that an accused person has an “indefeasible right” to default bail in case the agency handling their case fails to complete its investigation within a set time period.

During the hearing on Tuesday, advocates Yug Chaudhry and Payoshi Roy, appearing for Bharadwaj, said that Additional Sessions Judge Kishor Vadane had allowed the Pune Police 90 days extension to file their chargesheet in the case in 2018. The advocates submitted that Vadane was not designated as a special judge either under sections 11 or 22 of the National Investigation Agency Act. The sections relate to the power of central or state governments to constitute…

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