December 3, 2021 9:28:42 pm
Naresh Gaur, an accused in the Antilia terror scare case, has recently approached the Bombay High Court challenging a special NIA court order that had stayed for 25 days the bail it had granted to him. Gaur’s counsel argued that while the special court had granted the bail to him on merits, it was not competent to stay its own verdict at the central agency’s request.
The HC asked the NIA whether the trial court judge, under Section 309 (power to postpone or adjourn proceedings) or other provisions of the Criminal Procedure Code (CrPC), was competent to stay the bail order and how Gaur’s detention after the judicial order of stay on bail be described.
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 granted bail. The court had, however, said that Gaur will not be released immediately as it stayed its own order for 25 days after the NIA said it wanted to approach the HC against bail being granted.
Gaur was arrested in March for his alleged involvement in the procurement of SIM cards used by the other accused in the conspiracy.
On Friday, a single judge bench of Justice Sandeep K Shinde was informed by senior advocate Shirish Gupte, representing Gaur, that the special court had wrongly stayed its bail order. After advocate Sandesh Patil, appearing for NIA, sought time to file an affidavit in reply, the bench allowed the same and posted next hearing to December 7.
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