"Is Humanity Put To Rest?" Bombay High Court Slams Prison Authorities For Failing To Release Ramesh Gaichor Despite Temporary Bail

Asking if the State has put 'humanity' to rest, the Bombay High Court on Wednesday pulled up the Maharashtra Police and also the Prison Authorities for not releasing Ramesh Gaichor, one of the accused in the Bhima Koregaon - Elgar Parishad case, who was last month granted a temporary bail of three days to meet his ailing father in Pune.

A division bench of Justices Ajay Gadkari and Ranjitsinha Bhonsale was irked to know that despite a clear order granting three days bail to Gaichor on August 26, the Superintendent of Prisons, Taloja Central Jail, did not release him citing the recent week-long public holidays.

"We made it clear in our order that we are considering his plea only and only on humanitarian grounds... So humanity is put to rest? Why did you not release him? Is this all just to harass him? Why did you not comply with our orders? From where does the Superintendent come and ask for a release warrant of Magistrate?" the bench questioned Public Prosecutor Mankunwar Deshmukh. 

Responding to the query, Deshmukh said that the State has been complying with all the orders of the High Court and in this case, there was a confusion on part of the Superintendent with regards to Section 388 of the Criminal Procedure Code (CrPC).

As per this provision, a person getting bail from the High Court in an appeal (against a lower court's order) is released only after a release warrant is issued in his favour by the trial court or the Magistrate. 

However, the bench clarified that in the instant case, firstly Gaichor was granted a temporary bail and not a regular bail and secondly, the said order was passed on a plea under section 21 of the National Investigation Agency (NIA) Act which does not require the procedure under section 388 of the CrPC. 

Apologising to the court on behalf of the officer concerned, Deshmukh then assured that she would be furnishing the officer's 'apology affidavit' before the court on Thursday morning. 

The bench has deferred the hearing in the case till September 11. 

Notably, Gaichor had challenged the July 1, 2025 order of a special court, which rejected his plea for interim bail.

According to Gaichor, his 75-year-old father is not well and has been admitted in a hospital in Pune. Thus, he sought interim bail on 'humanitarian' grounds.

However, the special court designated to hear cases under the National Investigation Agency Act, rejected his application.

The special court, Gaichor contended, failed to consider the fact that other co-accused in the case have also been granted such temporary or interim bails earlier. The special court refused to consider the humanitarian grounds for permitting him to visit his ailing father, the accused argued.

The NIA however, had opposed the plea and argued that Gaichor can see his father virtually.