Elgaar Parishad case: Bombay HC rejects plea by eight claiming error in verdict that denied them default bail
The eight accused then moved a praecipe and claimed that they had filed default bail pleas before the Pune Court on completion of 90 days of their detention and before the chargesheet was submitted against them, as mandated in the Code of Criminal Procedure (CrPC).
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The court stated that the same cannot be done a praecipe for "speaking to minutes" hearing, which is the process for correcting minor factual corrections in the verdict.Two days after eight accused in the Elgaar Parishad case moved the Bombay High Court claiming ‘factual error’ in the December 1 verdict that denied them default bail, the court on Thursday refused to entertain their plea.
“What the applicants are seeking cannot be done through a praecipe for speaking to minutes, but has to be done through the due procedure. So, the present proceeding is disposed of,” stated the court, adding that the applicants can make a plea through due procedure such as review plea, if the same becomes maintainable.
A division bench of Justice S S Shinde and Justice N J Jamadar, while granting default bail to accused lawyer-activist Sudha Bharadwaj earlier this month, had rejected the default bail pleas filed on the same ground by Varavara Rao, Sudhir Dhawale, Vernon Gonsalves, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut and Arun Ferreira.
The eight accused then moved a praecipe and claimed that they had filed default bail pleas before the Pune Court on completion of 90 days of their detention and before the chargesheet was submitted against them, as mandated in the Code of Criminal Procedure (CrPC).
The court stated that the same cannot be done a praecipe for “speaking to minutes” hearing, which is the process for correcting minor factual corrections in the verdict.
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