SHOMA KANTI SEN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant before us assails the order of a Division Bench of the High Court of Judicature at Bombay passed on 17/1/2023, disposing her application for bail with liberty to approach the Trial Court for filing a fresh application for bail.

(2.) The appellant was detained on 6/6/2018 in connection with First Investigation Report ("FIR") no. 04/2018 dtd. 8/1/2018 registered with Vishrambaug Police Station, Pune alleging commission of offences under Ss. 153A, 505 (1b), 117 read with Sec. 34 of the Indian Penal Code, 1860 ("1860 Code"). The complaints therein related to violence that broke out at a function organised by Elgar Parishad. Certain acts of violence had taken place at Shanivarwada, Pune on 31/12/2017 thereafter. The prosecution's case is that in the said programme, provocative speeches were delivered and there were cultural performances which had the effect of creating enmity between caste groups, resulting in disruption of communal harmony, violence, and loss of life. The said FIR was initially lodged against the organisers of the Elgar Parishad event, which included activists of a cultural body, known as Kabir Kala Manch. The appellant before us was not named in that FIR as an accused at that point of time.

(3.) Subsequently, the scope of investigation was expanded and Sec. 120-B of the 1860 Code was added to the list of offences on 6/3/2018. The State Police, who were investigating the case at that point of time raided houses of eight accused persons on 17/4/2018, namely (1) Rona Wilson of Delhi, (2) Surendra Gading of Nagpur, (3) Sudhir Dhawale of Mumbai, (4) Harshali Potdar of Mumbai, (5) Sagar Gorkhe of Pune, (6) Deepak Dhaeagale of Pune, (7) Jyoti Jagtap of Pune and (8) Ramesh Gaychore of Pune. The State Police, allegedly, found incriminatory materials from the residences of the raided persons. The State Police seemed to have had discovered a larger conspiracy of which the appellant was a part, according to the prosecution. They found that Communist Party of India (Maoist) ["CPI (Maoist)"] to be behind such conspiracy. The latter is a banned terrorist organisation, and has been included in the First Schedule of the Unlawful Activities (Prevention) Act, 1967 ("1967 Act") by an order of the Union Home Ministry dtd. 22/6/2009. This led to invoking offences under Ss. 13, 16, 17, 18, 18B, 20, 38, 39 and 40 of the 1967 Act. On 6/6/2018, appellant's residence was raided and certain literatures, electronic devices and mobile phones were seized from her. On that date itself, the appellant came to be arrested by the State Police.