The Supreme Court, today, has granted interim bail to the Bhima-Koregaon accused Mahesh Sitaram Raut to attend his deceased grandmother's funeral rites and ceremonies for two weeks commencing from June 26, 2024.

The Bench of Justice Vikram Nath and Justice SVN Bhatti ordered, "The Respondent filed an application for interim bail seeking two-weeks time to be part of the rituals of his deceased grandmother which are likely to held on 29th and 30th of June and 5th and 6th of July...Counsel for NIA has strongly opposed the application...This Court after considering the impugned judgment of the High Court granting bail, considering the facts and circumstances of the case and the period of incarceration already undergone by the Respondent and the nature of the request made for the purpose, we are inclined to grant a two-weeks interim bail to the Applicant, which may commence from 26th June 2024 and end on 10th July 2024 The terms and conditions of the release shall be determined by the Special Court (NIA)."

Advocate Aparna Bhat, appearing on behalf of Raut, submitted that the Bombay High Court had granted bail to him, the National Investigating Agency ('NIA') had filed an appeal before the Supreme Court challenging that order and the order was stayed. She further submitted that his grandmother had passed away at the end of May and remaining rituals and ceremonies are required to be performed.

Counsel for the NIA strongly opposed the application for interim bail and said, "The application does not specify what ceremonies are to be performed...the order is of Bombay High Court, the High Court has opened after vacations...what is the necessity to rush to this Hon'ble Court?"

Justice Nath said, "The SLP, you filed, is pending here...Bail granted by the High Court was stayed by this Court, in your petition. Obviously, where do you think the Respondent will go for interim bail?... Do you expect Special Court to entertain such application?"

Justice Bhatti remarked, "Do you want the Special Court to hear such application?"

Further, the Counsel for NIA also requested the Court to grant parole of two days i.e. July 5, 2024, and July 6, 2024, and not interim bail.

On September 21, 2023, after five years of arrest, the Bombay High Court granted him bail. But on September 27, 2023, the Supreme Court in an appeal filed by the NIA against the judgment stayed the operation of the High Court's judgment.

The Supreme Court, on May 14, 2024, had also granted bail to the prime accused Gautam Navlakha on a pre-condition that some amount (Rs. 20 Lacs approx.) had to be paid to the authorities.

The Petitioner is one of the Accused in the National Investigating Agency Special Case. He and the other 14 accused have been prosecuted for the commission of the offences under Sections 153(A), 505(1)(B), 117, 120-B, 121, 121-A, 124-A and Section 34 of the Indian Penal Code and Sections 13, 16, 17, 18, 18(B), 20, 38, 39 and 40 of Unlawful Activities (Prevention) Act, 1967 (for short, UAPA). The case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017, which police claim triggered violence the next day near the Koregaon-Bhima war memorial on the outskirts of the city.

Cause Title: National Investigating Agency v. Mahesh Sitaram Raut (Crl. A. No. : 3048/2023)

Justice Vikram NathJustice SVN BhattiBhima Koregaon

Aastha Kaushik