Mumbai: Mere delay in trial pertaining to grave offences by itself cannot be a ground to grant bail, the Bombay High Court said while rejecting bail to a 38-year-old man arrested for his alleged involvement with Naxals and for facilitating the 2019 Gadchiroli blast case that killed 15 police personnel.
A division bench of Justices Revati Mohite Dere and Manjusha Deshpande said accused Kailash Ramchandani had knowingly facilitated a terrorist act and that there was prima facie evidence of his complicity in the case. The court on March 5 dismissed the plea filed by Ramchandani. A copy of the order was made available on Thursday.
"Mere delay in the trial pertaining to grave offences by itself cannot be a ground to enlarge an accused on bail, dehors the facts," HC said. "We cannot be oblivious of the fact that 15 police personnel were killed in a mine blast, which took place on 1st May 2019," the court added. The evidence submitted by the National Investigation Agency (NIA), the prosecuting agency, prima facie indicates the complicity of Ramchandani in the conspiracy, the HC said.
"Ramchandani was in touch with the Naxals. He would visit the jungle and had informed the co-accused of the passing of the police vehicle on the fateful day. Thus, we find the appellant (Ramchandani) had knowingly facilitated the commission of a terrorist act," the court said.
Ramchandani (38), a businessman, was arrested in July 2019 and has been charged under Unlawful Activities Prevention Act (UAPA), Indian Penal Code (IPC) and Maharashtra Control of Organized Crime Act (MCOCA). Ramchandani sought bail on merits and also on the ground of delay in the commencement of the trial as even charges had not been framed in the case till date. He also sought parity with co-accused Satyanarayana Rani, who was granted bail by HC in 2022.
Ramchandani is accused of passing on information about vehicular movements of the Quick Response Team (QRT) personnel, 15 of whom were subsequently killed along with a civilian in an attack by Naxals near Jambhulkheda village in Gadchiroli district in May 2019. He is also accused of supplying electric items required to carry out the blast.
In its order, the HC bench said, "The evidence prima facie points to the complicity of the appellant (Ramchandani) in the alleged crime." The bench directed the trial court to frame charges in the case and complete trial expeditiously.
