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Should Gautam Navlakha’s House Arrest In 2018 Be Included For Computing Period For Default Bail? Bombay High Court To Decide

first_imgNews UpdatesShould Gautam Navlakha’s House Arrest In 2018 Be Included For Computing Period For Default Bail? Bombay High Court To Decide LIVELAW NEWS NETWORK16 Dec 2020 9:15 AMShare This – xThe Bombay High Court on Wednesday reserved judgment on the appeal filed by Gautam Navlakha, accused in the Bhima Koregaon case, challenging the order of NIA court granting extension of time under the Unlawful Activities Prevention Act( UAPA) for filing chargesheet.Senior Advocate Kapil Sibal, appearing for Navlakha, submitted that the extension application under Section 43D(2) of UAPA was…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Bombay High Court on Wednesday reserved judgment on the appeal filed by Gautam Navlakha, accused in the Bhima Koregaon case, challenging the order of NIA court granting extension of time under the Unlawful Activities Prevention Act( UAPA) for filing chargesheet.Senior Advocate Kapil Sibal, appearing for Navlakha, submitted that the extension application under Section 43D(2) of UAPA was filed by the NIA on the 110th day of his custody. Since the application was filed beyond the period of 90 days, Navlakha was entitled to get default bail, Sibal submitted.Sibal submitted that the period of 34 days during which Navlakha was kept under house arrest from August 28, 2018 to October 1, 2018 has to be included in the custody duration. On October 1, 2018, a division bench of the Delhi High Court had declared the arrest of Navlakha by the Maharashtra police to be illegal and ‘non-est’ in the eye of law, and had quashed the transit remand order passed by a Magistrate in Delhi. Navalkha was kept under house-arrest on the basis of the restraint order passed by the Supreme Court on August 29,2018 against the police from taking him out of his residence.Bhima Koregaon Case: Delhi HC Brings Gautam Navlakha’s House Arrest To An End, Holds Order Granting Transit Remand Unsustainable [Read Order]Navlakha surrendered before the NIA at Delhi on April 14, 2020, after the rejection of his anticipatory bail applications. He was remanded to custody on April 15. The application seeking extension of time for chargesheet was filed by the NIA in June. The supplementary chargesheet against Navlakha and other accused were filed only in October this year. According to Sibal, if the 34 days of house-arrest is included, the NIA’s extension application will fall on the 110th day of custody.”The only question to be considered is whether the 34 days which Navlakha spend in custody in 2018 before his remand was quashed should be counted or not”, Sibal told a bench comprising Justices SS Shinde and MS Karnik.He placed reliance on the recent Supreme Court judgment in M. Ravindran vs. The Intelligence Officer, which held that the right to default bail can be enforced even if application seeking extension of time is filed subsequently.Sibal advanced that the ‘arrest’ and ‘custody’ were different concepts and even if arrest is declared illegal, the effects of custody will remain in force. Even while under house arrest, the person’s freedoms were curtailed.Additional Solicitor General S V Raju, appearing for the NIA, argued that the 34 days of custody in 2018 cannot be included for the purposes of computing 90 days period. The arrest was declared ‘non-est’ in the eye of law by the Delhi High Court. After that, Navlakha was a free man. The fact that Navlakha filed anticipatory bail application means that he was not under ‘custody’. The ASG referred to the judgment in ‘Chaganti Satyanarayan & Ors vs State Of Andhra Pradesh(1986)’ to cite that the period of 90 days has to be calculated only from the date of remand and not from the date of arrest. Date of production before the Magistrate is relevant for the computation of 90 days and not the date of arrest. Therefore, April 15 is the relevant date and the application filed by NIA in June is well within the time period of 90 days.”Section 167 CrPC will not apply if the arrest is illegal. Delhi HC held that arrest of Navlakha in 2018 was illegal. So 167 is not applicable. 167 stipulates legal arrest and custody”, ASG Raju submitted.Advocate Nitya Ramakrishnan, also appearing for Navlakha, responded to ASG’s arguments by saying that as per ‘Chaganti judgment’ the period will be computed from date of production. Navlakha was in custody from August 28 to October 1 based on transit remand order.”When an arrest is quashed on technical grounds, and the person is re-arrested on the same offence, the initial period of custody will also be counted. The fact that he spent time in custody cannot be washed away.It is not the nature of custody but the factum of custody which is relevant for computing the time”, she submitted.Following this, the bench closed the arguments and reserved judgment on the case. Parties have been given liberty to file written submissions by December 23.https://www.livelaw.in/top-stories/prosecutor-cannot-defeat-right-to-default-bail-by-subsequently-filing-report-seeking-extension-of-time-165005 Next Storylast_img read more

Artist donates painting to Brundidge Historical Society

first_img Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthTop 4 Methods to Get Fortnite SkinsTCGThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel Remember America’s heroes on Memorial Day The Penny Hoarder Issues “Urgent” Alert: 6 Companies… Plans underway for historic Pike County celebration Print Article Pike County Sheriff’s Office offering community child ID kits When Casey was working on her “Alabama Icons and their Stories” exhibition, she researched each individual. Although she was impressed by each one, there was something about Carver that was special.“It was his spirit,” she said. “He could have left that tiny lab at Tuskegee Institute where he worked and probably become a rich man but money didn’t mean anything to him. It was what he could do for mankind that mattered most.”Carver developed alternative crops to cotton including peanuts, soybeans and sweet potatoes. He is credited for helping save the South. Early in the 20th century, the boll weevil wiped out the cotton crop and Carver encouraged farmers to plant peanuts as an alternative crop. Artist donates painting to Brundidge Historical Society Book Nook to reopen Published 11:00 pm Wednesday, October 24, 2012 Sponsored Contentcenter_img Email the author Troy falls to No. 13 Clemson Latest Stories “George Washington Carver provided a character development list for his students,” Casey said. “That list included being clean inside and out, losing, if need be, without squealing and always being considerate of women, children and older people. He also said that you should not reach up to the rich or down to the poor. You should be too brave to lie and too generous to cheat. That’s a great list to live by.”Casey said Carver has inspired her to live by the list and be more in harmony with giving, with others and the hereafter.It is her hope that others will be inspired by the portrait of Carver, an Alabama icon, and do as he said, “Take your share of the world and let others take theirs.” Artist Mary Ann Casey donated a portrait of George Washington Carver to the Brundidge Historical Society on Wednesday. Carver was the Father of the Peanut and the historical society sponsors the annual Peanut Butter Festival that pays tribute to the little nut. Pictured from left, Casey, Lawrence Bowden, BHS president, and Brundidge Mayor Jimmy Ramage.Troy artist Mary Ann Casey has always had great admiration for George Washington Carver, the Father of the Peanut.Casey said that although she admires and appreciates the work that Carver did in finding about 300 uses for the peanut, it is Carver’s character that most impressed and inspired her.“George Washington Carver gave so much to others and asked for so little,” she said. “He has been called the American Gandi. He was committed to doing for others. His legacy is peace and caring. He is one of the people that I admire most.” By The Penny Hoarder You Might Like Lockheed Martin announces third quarter sales BETHESDA, Md. – Lockheed Martin Corporation (NYSE: LMT) today reported third quarter 2012 net sales of $11.9 billion compared to… read more By Jaine Treadwell Casey said the story of Carver and his dedication to research, which was aimed at helping poor farmers grow alternative crops as a food source and as a source of other products to improve their quality of life, inspired her to include his portrait in the Alabama Icons exhibition.On Wednesday afternoon, Casey donated that portrait of Carver to the Brundidge Historical Society to hang in the We Piddle Around Theater in downtown Brundidge.“The historical society sponsors the Peanut Butter Festival, which pays tribute to the peanut,” Casey said. “George Washington Carver did so much research with peanuts and found so many uses for them so I thought it would be appropriate for the portrait to hang in the town that honors the peanut.”Casey said it is her hope that the portrait will motivate others to learn more about Carver and the role he played in agriculture in the South.last_img read more

Khris Royal & Dark Matter Share Funky New Track “Make You Dance” [Premiere]

first_imgNew Orleans-based saxophonist Khris Royal has been busy! When he’s not touring with Rebelution or playing with George Porter Jr. & The Runnin’ Pardners, Royal has been hard at work with his own band, Dark Matter.Today, Dark Matter is set to release some brand new material! “After spending the past several years performing with Rebelution, George Porter Jr., The Meters and more, I’m excited to be releasing new music with Dark Matter,” says Khris. ” This is the first of many new songs to come!”The new single is called “Make You Dance,” and it just does that. This song is a real groove, and we’re excited to share it with you. Stream the new single below!This is quite the busy week for Khris, as he’ll be appearing on Saturday Night Live tomorrow night with Solange! Don’t miss this big performance and more from the talented saxophonist. You can find out all of Royal’s ongoing projects on his website.last_img read more

Grace Jones thrills in Miami

first_imgJamaican international star, actress, model and singer, Grace Jones, is thrilling many in Miami as the screening of her life captured in a documentary continues at O Cinema in Wynwood.‘GRACE JONES: BLOODLIGHT AND BAMI,’ directed by Sophie Fiennes, weaves together the layers of Grace Jones’ public and private life, as she moves effortlessly between different facets: she is gypsy, artist and partying hedonist, warm and funny but also a fierce side.It traces nearly five years in the life of the singular vocalist, unparalleled stage goddess, fashion renegade and general paragon of the fabulous life, who will be 70 this month.Road trip across JamaicaThe film takes viewers on a holiday road trip across Jamaica, where Jones’ family roots and the story of her traumatic childhood are uncovered. In Jamaican patois, ‘Bloodlight’ is the red light that illuminates when an artist is recording, and ‘Bami’ means bread, the substance of daily life. It includes Jones’ unique performances to hits such as ‘Slave To The Rhythm’ and ‘Pull Up To The Bumper,’ as well as the more recent autobiographical tracks ‘Williams’ Bloods’ and ‘Hurricane.’ and tenacious businesswoman. The film continues tonight at 7 and 9:30 p.m., respectively and through May 17th. Jones was born in Spanish Town, St. Catherine, Jamaica and moved when she was 13, along with her siblings, to live with her parents in Syracuse, New York.Modelling careerShe began her modelling career in New York state, then in Paris, working for fashion houses such as Yves St. Laurent and Kenzo, and appearing on the covers of Elle and Vogue. In 1977, Jones secured a record deal with Island Records, initially becoming a star of New York City’s Studio 54-centered disco scene.Then movie Career Jones appeared in some low-budget films in the US during the 1970s and early 1980s. In 1984, she made her first mainstream appearance as Zula in the fantasy-action film ‘Conan the Destroyer,’ alongside Arnold Schwarzenegger and Sarah Douglas, and subsequently appeared in the 1985 James Bond movie ‘A View to a Kill,’ as May Day. In 1986, she played a vampire in Vamp, and acted in and contributed a song to the 1992 Eddie Murphy film ‘Boomerang.’ She appeared alongside Tim Curry in the 2001 film ‘Wolf Girl.’ For her work in Conan the Destroyer, A View to a Kill, and Vamp, she was nominated for Saturn Awards for Best Supporting Actress.In 1999, Jones ranked 82nd on VH1’s 100 Greatest Women of Rock and Roll, and in 2008, she was honored with a Q Idol Award. In December 2016, Billboard magazine ranked her as the 40th most successful dance artist of all time.last_img read more