Surat court grants bail to Rahul Gandhi in defamation case, suspends sentence until appeal’s disposal

Gandhi has filed a criminal appeal challenging the conviction by a Surat magistrate court on March 23 that convicted him for two years of simple imprisonment for criminal defamation in the complaint filed by Surat West MLA Purnesh Modi.

Along with the appeal, he also filed two applications through his advocates Kirit Panwala and Tarannum Cheema. The first one sought the suspension of the two-year sentence and that he be “released on bail” pending the final disposal of the criminal appeal. The second application sought that the conviction by the magistrate court be “stayed during the pendency of the appeal in the interest of justice”.

The applications were filed before the court of Additional District Judge R P Mogera.

After the court order, the former Congress president posted on Twitter he is fighting against “Mitrakal”, alluding to the BJP. “This is a fight to save democracy, against ‘Mitrakal’. In this struggle, truth is my weapon, and truth is my support,” Gandhi’s tweet said loosely translated from Hindi.

B M Mangukiya, a member of the Congress’s legal team, said the Surat sessions court admitted the main appeal, with the next listing date not fixed and to be heard “in the ordinary course”.

Rahul Gandhi arrives with his sister and a leader of the party Priyanka Gandhi Vadra at a court in Surat on Monday. (Reuters)

Mangukiya added the court issued notice to the respondents—Modi and the state of Gujarat—with respect to the application seeking suspension of the conviction. “The notices have been kept returnable for April 13 and the respondents have been directed to file their replies (in relation to the contentions raised by Rahul seeking stay on conviction) by April 10,” said Mangukiya adding that Gandhi would apply like a “regular bail”.

Ketan Reshamwala, the lawyer representing Modi told The Indian Express that the court had directed them to file their objection to Gandhi’s applications—for bail, and for a stay on his conviction—by April 10.

Gandhi arrived at the Surat District and Sessions Court at around 3 pm with his sister and Congress General Secretary Priyanka Gandhi Vadra, even as party leaders and workers gathered outside with banners in a show of solidarity.