#BombayHighCourt is hearing the default bail application filed by Gautam Navlakha, accused in the #BhimaKoregaon case.

Bench of Justices SS Shinde and MS Karnik are hearing the plea.

Senior Advocate Kapil Sibal submits that this is a simple matter of bail to be decided on facts.

He claims that Navlakha was in custody for more than 90 days. He was under house arrest for some time before being taken into judicial custody.
Sibal submitted that Navlakha had surrendered on April 14 and spent 93 days in custody. He spent 34 days in custody before remand order of Magistrate.
Sibal points out that the nature of custody may have changed but it was arrest nonetheless and for this reason, he should be granted bail.
Additional Solicitor General SV Raju appearing for the NIA begins his submission.

He points out that the police had only arrested him and had not taken custody.
Raju argues that the another high court had declared his earlier arrest as non est and therefore he was neither in custody nor out on bail. He was a free man.
Sibal replies that arrest is a matter of law, custody is a matter of fact.
Since the court has to rise for lunch break, the Court asks Raju if he can continue after break.

Raju asks for 10 mins post 4.30 pm.

Matter will be taken at 4.30 pm.
ASG SV Raju continues his submissions.

He refers to the judgment of Chaganti Satyanarayan & Ors vs State Of Andhra Pradesh (Read here: https://t.co/T6DA4VkEGM)

He argues that the date of production is important. The period of custody for Navlakha begins from April 15.
Raju argues that there cannot be a gap in the custody and detention period.
Raju concludes his arguments.

Courts asks him to submit his written note of arguments.

Sr Adv Nitya Ramakrishnan begins her rejoinder to Raju’s bail plea.

However since her audio is not clear through the video conference hearing, the Court asks her to submit a written note.
Court reserves the matter for judgment.

Grants one week for filing written notes of arguments.

More from Bar & Bench

More from Court

There won't be a rerun of Jan 6. The riot at the Capitol was unique in many ways: Trump called for it; it was the last chance to "overturn" the election; it was huge in scale.


The coming Trumpist events on Jan 17 and Jan 20 will probably be much smaller in scale, especially in DC. The MAGA crew can't buy another flight and take more days off work so soon after Jan 6.

Some of the Trumpist forums are actively suspicious of these events, claiming they're FBI or Antifa traps. A lot of people at TDW felt that the *design* of this flyer was too lefty to be real!


Unfortunately, that doesn't mean everything will be OK. The statehouse events on Jan 17 have the potential to turn violent, where a few hundred people could be enough to overwhelm local authorities.

MAGA anger at a lot of the GOP is high, as well as against Dems. Even red states could see problems, so I hope authorities are prepared.

You May Also Like

THREAD: 12 Things Everyone Should Know About IQ

1. IQ is one of the most heritable psychological traits – that is, individual differences in IQ are strongly associated with individual differences in genes (at least in fairly typical modern environments). https://t.co/3XxzW9bxLE


2. The heritability of IQ *increases* from childhood to adulthood. Meanwhile, the effect of the shared environment largely fades away. In other words, when it comes to IQ, nature becomes more important as we get older, nurture less.
https://t.co/UqtS1lpw3n


3. IQ scores have been increasing for the last century or so, a phenomenon known as the Flynn effect. https://t.co/sCZvCst3hw (N ≈ 4 million)

(Note that the Flynn effect shows that IQ isn't 100% genetic; it doesn't show that it's 100% environmental.)


4. IQ predicts many important real world outcomes.

For example, though far from perfect, IQ is the single-best predictor of job performance we have – much better than Emotional Intelligence, the Big Five, Grit, etc. https://t.co/rKUgKDAAVx https://t.co/DWbVI8QSU3


5. Higher IQ is associated with a lower risk of death from most causes, including cardiovascular disease, respiratory disease, most forms of cancer, homicide, suicide, and accident. https://t.co/PJjGNyeQRA (N = 728,160)