Five years and five months after their arrest in the “Bhima Koregaon” case on 7 September 2020, Sagar Gorkhe and Ramesh Gaichor were granted bail by the Bombay High Court on 23 January 2026 and released. The detailed order that was uploaded by the court recently grants bail on grounds of delay in trial and parity with co-accused already on bail. Sagar Gorkhe and Ramesh Gaichor are cultural activists. The bail order’s importance is in its application of the consistent jurisprudence of the Supreme Court on delay and infringement of fundamental rights of prisoners.
The “Bhima Koregaon” case was registered on 8 January 2018 by the Vishrambaug Police Station, Pune and has since been taken over by the National Investigation Agency. Trial is yet to begin and is pending before the NIA Special Court Mumbai for framing of charges. The prosecution case relates to a conspiracy by the CPI (Maoist) around a gathering organized to commemorate the celebration of 200th Shourya Diwas (Bravery Day) at Bhima Koregaon. Of the 16 accused arrested, Stan Swamy died in jail and Surendra Gadling remains in custody while the other 14 accused have been released on regular or interim bail.
The bail order notes that “the chances of completing the trial in near future are bleak”, relies on the three-judge bench decision of the Supreme Court in KA Najeeb and notes that “prolonged incarceration without trial amounts to infringement” of Article 21 of the Constitution and “necessitates” release of an undertrial prisoner. While the NIA relied upon the recent decision of the Supreme Court in the case of the “Delhi riots” of 2020 (Gulfisha Fatima and others), the Bombay High Court was unequivocal in its reliance on KA Najeeb and the supremacy of the Article 21 constitutional rights of a prisoner.
Of concern is now Surendra Gadling, who remains in custody since 6 June 2018 with his bail petition pending before the Bombay High Court in the Bhima Koregaon case and additionally he faces potential trial along with co-accused Varvara Rao (on bail) in the December 2016 Surjagad arson case against the CPI (Maoist) for which he was arrested in January 2019 while an undertrial in the Bhima Koregaon case. All co-accused in this case are on bail. Charges are yet to be framed by the Aheri Court (the case having been transferred from the Gadchiroli court). The Supreme Court while hearing his bail plea in the Surjagad case directed in January of this year that records from the NIA Special Court Mumbai in the Bhima Koregaon case be sent to the Aheri Court as they are required for the framing of charges and also directed that a regular presiding judge be appointed to the Aheri Court as this position was vacant and cause for delay. It appears the State has chosen to multiply the proceedings against Surendra Gadling to ensure his continued incarceration.
The story of the Bhima Koregaon prosecution and its 16 accused is a classic case of process being the punishment. From the death in custody of Stan Swamy to the continued incarceration of Surendra Gadling (now into 8 years) without charges being framed is an indictment of the entire criminal justice system.
Deepika Tandon and Shahana Bhattacharya
(Secretaries)
