In a recent development in the ongoing Elgar Parishad case, activist Shoma Sen's plea for interim bail due to deteriorating health has been contested by the National Investigation Agency (NIA). The Supreme Court, which had earlier issued a notice regarding Sen's application, expressed a tentative willingness to grant medical bail for a limited period. However, the Additional Solicitor General (ASG) representing the NIA, KM Nataraj, objected to this, arguing that Sen's medical condition did not warrant urgent specialized treatment.
During the hearing, Justice Aniruddha Bose suggested the possibility of approving medical bail for a specific duration, stating, "Medical bail for a limited period we think we can give." In response, ASG Nataraj emphasized the need for the NIA to establish a medical board promptly to assess Sen's health condition and provide a report within a week.
Shoma Sen, who has been in custody since 2018, filed a bail application in December 2018 before the chargesheet was filed, and another application after the chargesheet was submitted. Both applications were denied by the Pune Sessions Court through a consolidated order in November 2019. Subsequently, the NIA took over the investigation, leading to the trial being shifted to the Special NIA court.
Senior Advocate Anand Grover, representing Shoma Sen, argued that considering Sen's prolonged incarceration, she should be granted interim bail due to her worsening health. However, ASG Nataraj characterized this as an indirect method of seeking bail and urged the court to allow the NIA to form a medical board to assess the situation.
The court decided to address Sen's primary bail petition and scheduled the hearing for December 6. Sen's appeal challenges the Bombay High Court's directive instructing her to seek bail from the special NIA court before approaching the high court for an appeal. The case highlights the complex legal proceedings and ongoing debates surrounding the Elgar Parishad case.
Case: SHOMA KANTI SEN vs. THE STATE OF MAHARASHTRA & ANR,
IA 166531/2023, in Criminal Appeal No. 2595/2023.
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