#BombayHighCourt is hearing the default bail application filed by Gautam Navlakha, accused in the #BhimaKoregaon case.

Bench of Justices SS Shinde and MS Karnik are hearing the plea.

Senior Advocate Kapil Sibal submits that this is a simple matter of bail to be decided on facts.

He claims that Navlakha was in custody for more than 90 days. He was under house arrest for some time before being taken into judicial custody.
Sibal submitted that Navlakha had surrendered on April 14 and spent 93 days in custody. He spent 34 days in custody before remand order of Magistrate.
Sibal points out that the nature of custody may have changed but it was arrest nonetheless and for this reason, he should be granted bail.
Additional Solicitor General SV Raju appearing for the NIA begins his submission.

He points out that the police had only arrested him and had not taken custody.
Raju argues that the another high court had declared his earlier arrest as non est and therefore he was neither in custody nor out on bail. He was a free man.
Sibal replies that arrest is a matter of law, custody is a matter of fact.
Since the court has to rise for lunch break, the Court asks Raju if he can continue after break.

Raju asks for 10 mins post 4.30 pm.

Matter will be taken at 4.30 pm.
ASG SV Raju continues his submissions.

He refers to the judgment of Chaganti Satyanarayan & Ors vs State Of Andhra Pradesh (Read here: https://t.co/T6DA4VkEGM)

He argues that the date of production is important. The period of custody for Navlakha begins from April 15.
Raju argues that there cannot be a gap in the custody and detention period.
Raju concludes his arguments.

Courts asks him to submit his written note of arguments.

Sr Adv Nitya Ramakrishnan begins her rejoinder to Raju’s bail plea.

However since her audio is not clear through the video conference hearing, the Court asks her to submit a written note.
Court reserves the matter for judgment.

Grants one week for filing written notes of arguments.

More from Bar & Bench

More from Court

1/It seems apparent that the rulings in my case & was the Travis judiciary has allowed/ignored us related to the fear/coercion of #AlexJones and of his audience and employees who harassJudges & jurors.

.@FBI pls investigate the 3.07 violations, donations & defamation/slander..


2/I am aware that such coercion & perception has had real impact on my children’s lives & these cases Alex files against me.

Alex’s counsel has threatened me “accidentally” & tells my representation & others lies to coerce them to stay on team good-ol-boy$.

3/Why doesn’t the Court protect my kids? I filed a Temporary Restraining Order before the Thanksgiving that any judge should immediately grant: #AlexJones publicly intoxicated/getting wasted while he is enjoined (disallowed to) drink while he has my kids. The Court must fear him

4/No judge may be persuaded by coercion or benefits of ruling the way their main donors demand. No litigant can coerce judges or witnesses. Witness tampering very clear, documented by probative evidence as fraud in Alex’s lawsuits against me. .@fbi investigate pls

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I'll begin with the ancient history ... and it goes way back. Because modern humans - and before that, the ancestors of humans - almost certainly originated in Ethiopia. 🇪🇹 (sub-thread):


The first likely historical reference to Ethiopia is ancient Egyptian records of trade expeditions to the "Land of Punt" in search of gold, ebony, ivory, incense, and wild animals, starting in c 2500 BC 🇪🇹


Ethiopians themselves believe that the Queen of Sheba, who visited Israel's King Solomon in the Bible (c 950 BC), came from Ethiopia (not Yemen, as others believe). Here she is meeting Solomon in a stain-glassed window in Addis Ababa's Holy Trinity Church. 🇪🇹


References to the Queen of Sheba are everywhere in Ethiopia. The national airline's frequent flier miles are even called "ShebaMiles". 🇪🇹