Breaking: Apex Court Grants Bail To Shoma Sen In Elgar Parishad- Maoist Links Case

The Supreme Court has allowed Bail Application filed by Shoma Kanti Sen, an accused in the Elgar Parishad-Maoist links case. 

While allowing the Criminal Appeal, the Bench of Justice Aniruddha Bose and Justice Augustine George Masih said that it has recorded the concession of Additional Solicitor General (ASG) K.M. Nataraj, that for the purpose of investigation, the custody in this lady is not required. 

"But the objection is on Section 43(d) 5 and gravity and seriousness of the offences," the Court said.

The Bench ordered, "She is a lady of advance stage, suffering from various ailments, the ailments themselves may not be serious in nature for granting bail on medical ground, but taking cognizance of composite effect of delay in framing charge, period of detention undergone by her, the nature of allegations against her, the materials available before this Court at this stage, in addition to her age and medical condition. We do not think she ought to be denied of the privilage of being enlarged on Bail."

"We repeat here, whatever observations as regards the nature of allegations against her are only prima facie views and the future course of prosecution would be dependent on the framing of charge and if charges are framed the nature of evidence the prosecution can place in trial," the Court clarified. 

Consequently, the Court said, "With these observations we set aside the impugned Judgment and direct that the Appellate shall be released on Bail on such conditions the Special Court may consider fit and proper." Accordingly, the Court disposed of the Appeal. 

Pertinently, on March 16, the Court had reserved order in Sen's plea.  Sen, a professor of English literature and a women's rights activist who was arrested on June 6, 2018, in connection with the case.

The Criminal Appeal before the Apex Court challenged the January 17 Order of the Bombay High Court. The High Court had dealt with Sen’s plea challenging a November 2019 order passed by the Additional Sessions Judge, Pune, that rejected her Bail Application. Sen claimed that she was falsely implicated in the case.

The case revolves around alleged provocative speeches delivered at the Elgar Parishad conclave in Pune on December 31, 2017, purportedly leading to violence near the Koregaon-Bhima war memorial the following day. The Pune Police asserted that the conclave had Maoist backing. “As noted in an order dated December 2, 2022, the investigation of the present crime was subsequently transferred to the National Investigation Agency in the month of January 2020, i.e. after the passing of the impugned order,” the High Court had noted.

On the NIA's supplementary chargesheet, the High Court noted a substantive change in circumstances and directed Sen to seek bail afresh from the Trial Court to enable a comprehensive evaluation of the evidence. "It is to be noted here that, after the NIA filed the supplementary charge sheet, in view of the substantive change in circumstance, the applicant (Sen) did not approach the trial court at the first instance for appreciation of evidence by it," the High Court had said. 

Cause Title: Shoma Kanti Sen v. The State of Maharashtra and Ors. [Crl.A. No. 2595/2023]