Bombay HC Grants Bail to Five in 2018 Arms Haul Case, Cites Insufficient Evidence for Sunburn Festival Attack Conspiracy

Bombay HC Grants Bail to Five in 2018 Arms Haul Case, Cites Insufficient Evidence for Sunburn Festival Attack Conspiracy

The High Court of Bombay has granted bail to five individuals arrested by the Maharashtra Anti Terrorism Squad (ATS) in connection with a 2018 arms haul case and for allegedly conspiring to attack the Sunburn festival in Pune. The court cited prima facie insufficient evidence to support the conspiracy charge.

A division bench comprising Justice Bharati Dangre and Justice Manjusha Deshpande noted in their July 30 order the prolonged incarceration of the accused with slim prospects of a timely trial conclusion.

In 2018, the ATS arrested five individuals after seizing arms, ammunition, and explosives from the residences of two other accused in the Nallasopara area of Thane district. The ATS claimed these were intended to target the Sunburn festival in Pune in December 2017.

Upon reviewing witness statements and other evidence submitted by the prosecution, the bench found them "insufficient" to substantiate the conspiracy charge. The court observed, "We have prima facie formed an opinion that these statements are insufficient to establish the charge of conspiracy against the appellants before us."

The court also noted that none of the alleged attacks were executed and that the Sunburn festival had been successfully completed without incident. The arrests were made eight months after the festival, in August 2018.

Highlighting the delays in the trial process, the court pointed out that only two witnesses had been summoned to date out of the 417 intended by the prosecution, rendering the completion of the trial unlikely in the near future. Emphasizing the right to a speedy trial, the bench granted bail to all five accused on a personal bond of ₹50,000 each. They were directed to appear before the ATS's Mumbai office once a month and attend all trial court hearings.

The court was hearing five appeals filed by the accused, challenging a special court order denying them bail. The accused, Sujith Rangaswamy, Amit Baddi, Ganesh Miskin, Shrikant Pangarkar, and Bharat Kurane, have been charged under various provisions of the Unlawful Activities (Prevention) Act (UAPA), Indian Penal Code (IPC), Explosives Act, and Explosive Substances Act.

The ATS's case alleged that the accused were active members of right-wing groups, Sanatan Sanstha and Hindu Janjagruti Samiti, influenced by the ideology of establishing a 'Hindu Rashtra.' According to the prosecution, they formed a gang to oppose anti-Hindu elements in society, conspiring to target music festivals, including the Sunburn festival, by causing disruptions using stones, petrol bombs, and firearms.

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