December 10, 2021 2:10:48 pm
The Bombay High Court said on Friday that it will next week hear the National Investigation Agency’s (NIA) appeal against bail granted to Naresh Gaur, an accused in the Antilia bomb scare case.
This comes barely a day after a single-judge bench of the High Court set aside a special NIA court order staying for 25 days the bail it had granted to Gaur.
A division bench of Justices Nitin M Jamdar and Sarang V Kotwal, which was hearing NIA’s appeal, was informed that Gaur has filed an application seeking bail on temporary cash surety after the stay on bail order was set aside.
Senior Advocate Shirish Gupte, representing Gaur, said on Friday that his client is willing to give an undertaking that following release on bail, he will surrender if the NIA’s appeal is allowed.
However, the court said that it will hear the plea on Wednesday and decide whether the bail order can be stayed or not. “This is a substantive appeal and we are looking at the correctness of the order. Even if we hear it in a prima facie manner, we will make observations on the merits,” the court added.
After the court’s query, Gaur gave a statement that he will not act on the bail order till the appeal is heard on Wednesday.
Quashing and setting aside the order of special NIA Court, the single-judge bench of Justice Sandeep K Shinde had refused the NIA’s request to stay the operation of its verdict.
The special court had on November 20 granted bail to Gaur, who was the first among the 10 people arrested in the case to be given relief. The court had, however, said that Gaur will not be released immediately as it stayed its own order after the NIA said it wanted to approach the HC against the granting of the bail.
Gaur was arrested in March for his alleged involvement in the procurement of SIM cards used by the other accused in the conspiracy.
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