New Delhi: The Apex court has stayed Bombay HC’s order that refused Maharashtra Police an extension of 90-day time frame to complete its investigation and file a charge sheet against lawyer Surendra Gadling and others accused of Maoist links in the aftermath of the Bhima-Koregaon violence.
The bench headed by CJI Ranjan Gogoi pointed that Bombay HC has stayed it’s own order until 1 November, Hindu reports.
The Bombay High Court order has on October 24 has opened the window to seek default bail for Mr. Gadling, Nagpur University professor Shoma Sen, activists Sudhir Dhawale and Mahesh Raut and Rona Wilson after their arrests were made on 6 June by Pune Police.
The police have also registered a case against them under the various provisions of The Unlawful Activities (Prevention) Act, 1967 and the Indian Penal Code.
“The police started the investigation but could not complete the same. On September 3, 90 days were completed since the date of arrest of the respondents,” said Maharashtra government petition filed through State counsel Nishant Katneshwarkar.
The Bench is likely to hear the case on Friday.
The trial court had earlier allowed an extension of 90 days on September 2 following which the accused moved the High court which later stayed the order.
However, the HC stayed the order until November 1 to give the government time to appeal the Supreme Court.
“The public prosecutor, by way of abundant precaution, took signature of the investigating officer. But the High Court was carried away by the fact of signature of the investigating officer and arrived at a conclusion that the report/application was not by the public prosecutor,” the State government complained in the filed SLP.