New Delhi, April 4 (IA NS) The Supreme Court on Monday granted bail to Delhi University professor G.N. Saibaba, accused of being associated with a front organisation of a banned Maoist outfit.
A bench of Justice Jagdish Singh Khehar and Justice C. Nagappan granted bail to Saibaba, noting that all the material witnesses in the case have already been examined.
Not accepting the contention of the Maharashtra government that if Saibaba was released, he was “he is likely to indulge himself in the anti-national activities”, it described the position taken by Maharashtra government as “extremely unfair.”
“We are of the view, that the submission made by the learned counsel for the respondent (Maharashtra) is extremely unfair,” the court said, noting the “undisputed position” that the professor has “never been accused of having misused the concession of bail”.
“Since all the material witnesses have been examined and cross-examined, the release of the petitioner on bail ought not to have been opposed, especially keeping in mind the medical condition of the petitioner,” it said, directing Saibaba’s release on bail “forthwith” on conditions to the “satisfaction of the trial Court” .
It said Saibaba “shall enter appearance before the trial court, as and when the petitioner (Saibaba) is directed to appear before the trial court, failing which, it shall be open to the trial court to cancel the concession of bail granted to him”.
Saibaba was arrested by Maharashtra Police in May 2015 for alleged Maoist links. He had challenged the December 23, 2015, order of the Nagpur bench of Bombay High Court rejecting his plea for regular bail.
He was released on interim bail on health grounds by Bombay High Court which had treated as a PIL an email based on a newspaper report on his failing health condition.
Saibaba suffers with 90 percent disability for post-polio paralysis.
The interim bail was extended till December 31 as court asked him to approach the Nagpur bench of the High Court for regular bail. The other accused in the case had already been granted bail.
However, when Saibaba moved for regular bail, the same was rejected on December 23 and was asked to surrender before Nagpur Central Jail within two days.