Justice Sundresh recuses from hearing Surendra Gadling bail plea

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Supreme Court

Justice M. M. Sundresh of the Supreme Court stepped aside from hearing the bail appeal of lawyer-activist Surendra Gadling relating to the 2016 Surajgarh arson case. The court’s official records now reflect that the matter will no longer be listed before him.

The case stems from a violent December 2016 incident in Gadchiroli, Maharashtra, where about 39 vehicles transporting iron ore were allegedly set ablaze by Maoist elements—an act that triggered charges spanning serious provisions of the Indian Penal Code, such as attempt to murder, wrongful restraint, mischief by fire, criminal conspiracy, rioting, and other grave offences.

Additionally, Gadling faces accusations under multiple sections of the Unlawful Activities (Prevention) Act as well as select provisions of the Arms Act.

In January 2023, the Nagpur Bench of the Bombay High Court had dismissed Gadling’s application for bail, noting prima facie evidence suggesting that he was not merely representing members of the banned Communist Party of India (Maoist) but was himself a member. The court observed that the weight of the allegations far outweighed the arguments presented in favour of bail.

Gadling’s legal troubles are further compounded by his association with the 2018 Bhima Koregaon case, which is under investigation by the National Investigation Agency. He remains in judicial custody at Taloja Central Prison.

This development follows a series of adjournments—and reflects ongoing procedural delays. At an earlier hearing, advocate Anand Grover had drawn attention to Gadling’s six-and-a-half-year incarceration, urging for expedited adjudication.

By stepping down, Justice Sundresh has ensured that the bail plea will now be referred to another bench, giving the case a fresh path toward adjudication without the shadow of affected proceedings.