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2024 Supreme(SC) 303

ANIRUDDHA BOSE, AUGUSTINE GEORGE MASIH
Shoma Kanti Sen – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Appellants :Anand Grover, Paras Nath Singh, Nupur Kumar, Rohin Bhatt, Advocates
For the Respondents:Aniruddha Joshi, Siddharth Dharmadhikari, Aaditya Aniruddha Pande, Bharat Bagla, Sourav Singh, Aditya Krishna, Preet S. Phanse, Omkar Deshpande, Aadarsh Dubey, K.M. Nataraj, Sharath Nambiar, Kanu Agarwal, Annam Venkatesh, Siddharth Dharmadhikari, Chitransh Sharma, Indra Bhakar, Vinayak Sharma, Vatsal Joshi, Anuj Udupa, Yogya Rajpurohit, Satwika Thakur, Shubham Mishra, Siddhant Kohli, Anirudh Bhatt, Arvind Kumar Sharma, Advocates

JUDGMENT :

ANIRUDDHA BOSE, J.

1. The appellant before us assails the order of a Division Bench of the High Court of Judicature at Bombay passed on 17.01.2023, 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 06.06.2018 in connection with First Investigation Report (“FIR”) no. 04/2018 dated 08.01.2018 registered with Vishrambaug Police Station, Pune alleging commission of offences under Sections 153A, 505 (1b), 117 read with Section 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 app

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