Brief Facts 

In the current matter, a criminal appeal has been filed against the ruling and decision of the Bombay High Court, which rejected the campaigners Vernon Gonsalves and Arun Ferreira’s request for bail after they were charged with planning the Bhima Koregaon violence. There was a greater crowd in Bhima Koregaon in 2018 because it was the 200th anniversary of the war in which a Dalit-dominated British Army defeated a Peshwa army under the command of Peshwa Bajirao II in Koregaon. One person was killed and several others were wounded during violent fights between Dalit and Maratha factions that took place during the festivities. On December 29, 2017, the day Govind Gopal Mahar’s monument was discovered vandalised, tensions had already begun to simmer. The event was discussed during the Elgar Parishad, a sizable public gathering held on December 31, 2017, and coordinated by Dalit and Bahujan organisations. It was claimed that the event’s incendiary comments contributed to the violence the next day. Around 16 activists, including Vernon Gonsalves and Arun Ferreira, were detained in the wake of the incident and charged with different offences under the Unlawful Activities Prevention Act of 1967 and the Penal Code of 1860. They were reportedly involved in the conspiracy and planning of the violence. The Bombay High Court subsequently denied their requests for bail, resulting in the challenged judgement that is currently before the Court.

Analysis of Court Order 

Bail was granted to the pair Vernon Gonsalves and Arun Ferreira by the Supreme Court Division Bench of Justice Aniruddha Bose and Justice Sudhanshu Dhulia.

On March 3, 2023, the Court had reserved judgement. The court granted bail to the two campaigners Vernon Gonsalves and Arun Ferreira since they had been imprisoned for over five years. In addition, the Court placed several restrictions on them before giving the couple bail.