Bombay HC: Watali Judgement Won't Apply When Bail Is Sought On Humanitarian Grounds

Factual Background

• The name of the case was Surendra Pundalik Gadling v. Senior Inspector of Police, National Investigation Agency.
• The appellant was a practicing advocate before his arrest in 2018.
• He was arrested for various offences under several sections of the Indian Penal Code and Unlawful Activities (Prevention) Act, 2008.
• He had approached the Special Judge, DE Kothalikar’s orders of not granting him emergency bail as his mother had passed away last year.
• He then approached the High Court under Section 21 (4) of the Negotioable Instruments Act.

Court’s Observation

• Bhima Koregaon – Elgar Parishad accused Advocate Surendra Gadling was granted temporary bail of 9 days by the Bombay High Court.
• The Court stated that rigors of regular bail under the Unlawful Activities (Prevention) Act would not apply to temporary bail on humanitarian grounds when death of a parent occurs.
• The Court stated that the prayers of the Advocate were justified as in case of the first death anniversary of an immediate family , the rituals contain religious, personal and emotional significance and since he could not participate in the death rituals of his mother.
• Considering the life situation, there is no reasonable ground to believe that he might try to abscond.
• The bail was granted to perform Surendra Gadling’s mother’s funeral rites on her death anniversary.

Bail Conditions

• A PR bond of Rs. 50000/- with one or two sureties as per the satisfaction of the Special Judge had to be provided.
• Travels details of travel had to be furnished before the SP NIA.
• The jurisdictional police station had to be intimated of his date and time of travel at Nagpur.
• The presence of the appellant had to be marked at 10 AM on the 16th and 19th of August.

Do you think that bail should be granted in case of funeral rites? Tell us in the comments section below!