HC ‘no’ to hear Gadling’s bail plea in arson case

Nagpur: The Nagpur bench of Bombay high court on Wednesday refused to hear the bail application of alleged Maiost sympathizer and lawyer Surendra Gadling from the city in an arson case of 2016 where around 80 vehicles were torched at Surjagarh mining site in the district.
“We are of the view that the court trying offences under second Schedule of the NIA Act being the special court as contemplated by Section 22, the person aggrieved by an order of refusing bail is required to file appeal under Section 21(4) of the same Act. The application under Section 439 of the Code of Criminal Procedure is not maintainable before HC,” a division bench comprising justices Vinay Deshpande and Amit Borkar said.
While disposing of the plea, the bench granted petitioner a chance to avail remedy of statutory appeal under Section 21(4) of the NIA Act if permissible in law and subject to limitation. Gadling had applied for the bail through senior counsel Subodh Dharmadhikari, where he prayed for listing his case before HC’s division bench instead of single.
After the petitioner’s arrest, the Vishramgarh Police from Pune searched his home in the city and seized several incriminating material, including documents, a hard disk and pen drive. Two letters written to him by dreaded Maoist Milind Teltumde and sympathizer Varavara Rao were also recovered.
More letters from the senior Maoists, where they flayed Gadling for failure to secure bail for Delhi University professor GN Saibaba, were also found from his home.