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Supreme Court of India 2024-04-05 allowed

SHOMA KANTI SEN vs THE STATE OF MAHARASHTRA & ANR

Bench: 2 — Aniruddha Bose, Augustine George Masih

In Brief

Shoma Kanti Sen, a 66-year-old woman, was arrested in 2018 in connection with violence following the Elgar Parishad event in Pune. She was charged with conspiracy and offences under the Unlawful Activities (Prevention) Act (UAPA) for alleged links to a banned communist group. The National Investigation Agency took over the case and filed additional chargesheets. When the High Court remitted her bail plea to the trial court without deciding it, she appealed to the Supreme Court. The Court held that the High Court could have examined the new chargesheet while deciding bail. On merit, the Court found no prima facie evidence that she funded terrorism, recruited members, or was associated with banned organisations with intent to further terrorism. Given her near six-year detention without charges being framed, her age, and medical condition, the Court granted bail with strict conditions.

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Criminal Law Bail and Preventive Detention Counter-Terrorism Unlawful Activities (Prevention) Act National Investigation Agency Constitutional Rights

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