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NEW DELHI: The Supreme Court on Friday reserved its order on a petition filed by Gautam Navlakha, an accused in Bhima Koregaon violence case, challenging the Bombay High Court order rejecting his plea for default bail.
A three-judge bench headed by Justice UU Lalit reserved the order after hearing arguments from counsels appearing for Navlakha and NIA.
The High Court had rejected Navlakha’s plea on February 8 saying that the period for which an accused is under illegal detention cannot be taken into account while computing the 90-day custody period for grant of default bail.
Navlakha, in the apex court, has sought bail on the ground that the National Investigation Agency (NIA) failed to file its charge-sheet within the prescribed upper-limit of 90 days as per Section 167(2) of the Code of Criminal Procedure (CrPC).
He stated that the period for which he was confined to his house under house arrest should be calculated as part of judicial custody and should be taken into account while deciding the custody period under Section 167(2).
He had sought bail from the High Court on the same grounds. Last year, a special court had rejected his application for default bail.
Navlakha, one of the several civil liberties activists in the Bhima Koregaon case, has been booked under stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) for an alleged conspiracy to topple the government.
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