The Supreme Court of India, in the case of Shoma Kanti Sen vs. The State of Maharashtra & Anr., directed that the appellant Shoma Kanti Sen must approach the trial court for a fresh bail application. The High Court had previously denied her bail application, citing new evidence presented in a supplementary chargesheet by the National Investigation Agency (NIA). The case relates to the violence that occurred after the Elgar Parishad event in 2017, where Sen was implicated as part of a larger conspiracy involving the banned Communist Party of India (Maoist).

Introduction

The appellant, Shoma Kanti Sen, was denied bail by the High Court of Bombay, and the Supreme Court has now directed her to reapply for bail at the trial court level, following the submission of additional evidence by the NIA.

Background

Sen was arrested in 2018 in connection with the violence that erupted after the Elgar Parishad event in Pune. Initially, she was not named in the FIR, but subsequent investigations linked her to the banned CPI (Maoist).

Investigation and Charges

The investigation initially handled by the State Police was later transferred to the NIA, which submitted multiple chargesheets against Sen and others. These charges include various offenses under the Indian Penal Code and the Unlawful Activities (Prevention) Act.

Legal Proceedings

Sen's bail application was rejected by both the Sessions Court and the High Court. The High Court directed the bail application to a Division Bench after the NIA's involvement. The Supreme Court has now ruled that the trial court must first consider the new evidence before any further appeals.

Supreme Court's Directive

The Supreme Court emphasized that the trial court should evaluate the entire evidence on record, including the new charges, before deciding on Sen's bail plea. The High Court's decision to defer the bail application was upheld as appropriate under the circumstances.