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Image:huffingtonpost.in
UPDATE:
While granting bail, the Supreme Court has commented that the Maharashtra police, the prosecution were extremely unfair
In granting bail, the Supreme Court has commented that the contentions of the Maharashtra government and its police ‘are extremely unfair.’ Further, ‘since the petitioner has never been accused of having misused the concession of bail’, the SC further said that ‘Since all the material witnesses have been examined and cross-examined, the release of the petitioner on bail ought not to have been opposed, especially keeping in mind the medical condition of the petitioner.’ The entire order of the Supreme Court of India granting bail to professor GN Saibaba can be read below.
The operative part states that:
‘Having given our thoughtful consideration to the submissions advanced at the hands of the learned counsel for the rival parties, specially the undisputed position that the petitioner has never been accused of having misused the concession of bail, we are of the view, that the submission made by the learned counsel for the respondent is extremely unfair. Since all the material witnesses have been examined and cross-examined, the release of the petitioner on bail ought not to have been opposed, especially keeping in mind the medical condition of the petitioner.
In view of the above, we hereby direct the release of the petitioner on bail forthwith. Bail to the satisfaction of the trial Court.
Needless to mention, that the petitioner shall enter appearance before the trial Court, as and when the petitioner is directed to appear before the trial Court, failing which, it shall be open to the trial Court to cancel the concession of bail granted to him.’
Earlier Story:
The Supreme Court of India has today, Monday, April 4, 2016, granted bail to former Delhi University Professor G.N. Saibaba, who was arrested for alleged links with the Maoists. Close to 23 months after his arrest in May 2015 he was granted bail, Between July and December 2015 he had been granted interim bail by a division bench of the Bombay High Court that was subsequently cancelled by a Nagpur Bench of the same court.
Professor GN Saibaba, who was arrested in May 2014 for alleged links with the banned Communist Party of India (Maoist) outfit, He has been in jail since a single-judge bench of the Bombay High Court in Nagpur canceled his bail in December last year. He was initially granted bail in July 2015. The wheelchair-bound professor is more than 90% disabled. He has been paralysed from waist-downwards since contracting polio in childhood.
Saibaba had told sections of the media that his muscles had been damaged while he was being taken to Nagpur from Delhi by the Maharashtra police. While in jail, the inadequate toilet and sleeping facilities caused damage to his left arm ligaments, nerves and his spinal cord. Since obtaining bail in July, the English professor has been undergoing treatment every week at the Indian Spinal Injuries Centre in New Delhi. He had an angioplasty in August.
Sabrangindia has been consistently tracking the story. Flawed Verdict: The Bombay High Court judgement refusing bail to GN Saibaba
A copy of his petition before the Supreme Court of India can be read here.
Supreme Court Order on GN Saibaba Case (04.04.2016)