*>"'We are inclined to not extend the stay as High Court order is detailed
in granting bail. Trial would take years and years and years for
completion. Without going at length into contentions, we will not extend
the stay,' *the Court said."

>"Navlakha, who is a human rights activist and the former Secretary of the
People's Union for Democratic Rights (PUDR), was arrested in August 2018."
By: Abhimanyu Hazarika
Published in: *Bar and Bench*
Date: May 14, 2024
Source:
https://www.barandbench.com/news/bhima-koregaon-gautam-navlakha-gets-bail-supreme-court-lifts-stay-bombay-high-court-order


A Bench of Justices MM Sundresh and SVN Bhatti refrained from extending the
stay as the High Court order was detailed and also because the trial would
take years to complete.

Gautam Navlakha, accused in the Bhima Koregaon violence case of 2018, got
bail on Tuesday after the Supreme Court lifted the stay on the Bombay High
Court order granting bail to the activist.

A Bench of Justices MM Sundresh and SVN Bhatti refrained from extending the
stay as the High Court order was detailed and also because the trial would
take years to complete.

*"We are inclined to not extend the stay as High Court order is detailed in
granting bail. Trial would take years and years and years for completion.
Without going at length into contentions, we will not extend the stay," *the
Court said.


The Court was hearing NIA's appeal against the Bombay High Court's December
2023 order that granted bail to Navlakha
<https://www.barandbench.com/news/bhima-koregaon-bombay-high-court-grants-bail-gautam-navlakha>
.

The activist's plea concerning the terms of his house arrest
<https://www.barandbench.com/news/supreme-court-reservations-gautam-navlakha-house-arrest-order>
was
being heard along with the bail matter.

The Bench had in April remarked
<https://www.barandbench.com/news/gautam-navlakha-house-arrest-security-costs-supreme-court>
 that the activist could not escape his liability to pay security costs for
his house arrest, after being informed by the National Investigation Agency
(NIA) that Navlakha owed the agency about ₹1.64 crore.

During the hearing today, Additional Solicitor General (ASG) SV Raju,
appearing for the NIA with Advocate Kanu Agarwal, claimed that the dues
owed to it by Navlakha had risen to about ₹1.75 crore.

In response, Justice Sundresh remarked that Navlakha had remained
incarcerated for a long time. He suggested lifting the stay as it would
also solve the issue of the rising dues.

Senior Advocate Nitya Ramakrishnan, appearing for Navlakha with Advocate
Stuti Rai, contested the pending dues cited.

Eventually, the Court ordered Navlakha to deposit ₹20 lakhs and listed the
challenges by NIA for final hearing

Navlakha, who is a human rights activist and the former Secretary of the
People's Union for Democratic Rights (PUDR), was arrested in August 2018.

Though he was lodged in prison initially, he was later shifted to his house
and placed under house arrest in November 2022 after the Supreme Court allowed
his plea
<https://www.barandbench.com/news/bhima-koregaon-supreme-court-allows-gautam-navlakha-shifted-house-arrest-jail-1-month>
for
the same, on the ground of his advanced age.

He has since been under house arrest in Navi Mumbai.

Later, the Bombay High Court granted him regular bail but stayed that order
for three weeks to enable NIA's appeal before the apex court. The stay
later continued to be extended before the same was lifted by the top court
today.

Along with ASG Raju, advocate Arvind Kumar Sharma also appeared for the NIA.

Standing Counsel Aaditya Aniruddha Pande appeared for the Maharashtra
government.

Advocates Shadan Farasat and Natasha Maheshwari also appeared for Navlakha.

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