KOLKATA: The Calcutta High Court on Tuesday granted interim bail for three weeks to Congress-nominated candidate Milan Pradhan, who is contesting the Nandigram Assembly bypoll, allowing him to remain out of jail during the election process.
Justice Tirthankar Ghosh granted bail to Pradhan in six criminal cases registered in 2007. The interim bail will remain in force till October 21, when the court will hear the case again.
With the order, Pradhan can contest and campaign in the Nandigram bypoll on October 6 while staying in his constituency.
The court noted that Pradhan was not in custody when he filed his nomination papers and was arrested thereafter. It also observed that the state had not produced any material to show that he was wanted in connection with any offence after 2007.
The court further pointed out that in none of the cases cited by the state had a person been arrested after filing nomination papers. It observed that the police had more than sufficient time to execute warrants in cases that were nearly 19 years old.
The court also imposed conditions on the interim bail. Pradhan will have to surrender before the Haldia court after the election process is over. He will also have to report to the investigating police officers of the concerned police station twice daily, at 8.30 am and 9.30 pm.
The court considered the approaching election and relied on the Supreme Court's judgment in the case concerning former Delhi chief minister Arvind Kejriwal while taking a holistic view of the circumstances.
Pradhan was denied bail by the court on Friday. Bail petitions in four cases were heard by the High Court, while petitions in the remaining two cases were pending.
Earlier, the High Court had asked the state government to allow Pradhan to contest the Nandigram bypoll and had directed the state police not to take any steps against him in a 2007 criminal case till October 12.
Justice Ghosh had observed, “Allow Milan Pradhan to contest the election. I am giving him an interim bail so that he can take part in the election. The remaining matter will depend on the case lying with the court.”
A division bench of the High Court had subsequently set aside the single-bench order granting Pradhan protection from coercive action in one of the 2007 cases, holding that there was no provision in criminal law for such interim protection when an accused was already in judicial custody.
The division bench, headed by Chief Justice Ravindra Vithalrao Ghuge and comprising Justice Om Narayan Rai, said an accused could seek anticipatory bail if apprehending arrest or regular bail after being arrested.
On September 18, Pradhan was arrested by police in Chandipur in connection with cases registered in 2007. Police had registered cases against him at Nandigram and Khejuri police stations over alleged murder, attempt to murder, loot and illegal gathering during the 2007 agitation against land acquisition in Nandigram.
He was arrested in connection with two of the cases.
