SHOMA KANTI SEN vs. STATE OF MAHARASHTRA & ANR. (SPECIAL LEAVE PETITION)

by | Apr 6, 2024

ASPECTS DETAILS
Case Title Shoma Kanti Sen vs. State of Maharashtra & Anr. (Special Leave Petition)
Introduction Supreme Court raises doubts on allegations under UAPA against Shoma Sen, grants bail.
Factual Background Shoma Sen, booked under UAPA for alleged Maoist links in Bhima Koregaon case, arrested in 2018.
Legal Issues Prima facie belief in accusations, application of bail restrictions under UAPA.
Applicable Law UAPA, principles of bail under Section 43D(5), right to speedy trial under Article 21.
Analysis Court finds no prima facie evidence of terrorist acts, funding, or conspiracy by Sen.
Conclusion Sen granted bail due to lack of credible evidence and her age and health conditions.
Current Scenario Sen released on bail pending further proceedings.

 

CASE SUMMARY: The Supreme Court granted bail to Shoma Sen, arrested in the Bhima Koregaon case under UAPA, raising doubts over the allegations against her. The court found no prima facie evidence of Sen committing terrorist acts, funding, or conspiracy. Sen’s participation in meetings and encouragement of women to join a new democratic revolution were not considered criminal. The court also noted her age and health conditions. The decision emphasized the right to a speedy trial. The ruling clarified that the observations were prima facie and wouldn’t impact the trial. Sen was released on bail pending further proceedings.

SOURCE- THE TIMES OF INDIA

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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