After nearly 15 years, two accused in the 2011 Mumbai triple bomb blasts case have been granted bail by a special court, which cited prolonged incarceration and violation of their right to a speedy trial.
Key Points
- Two accused in the 2011 Mumbai triple bomb blasts case were granted bail after nearly 15 years in jail.
- The special court cited prolonged incarceration and violation of the right to a speedy trial as reasons for granting bail.
- The court granted bail on parity, as co-accused in the case have been granted bail by the Bombay High Court on similar grounds.
- The court clarified that the bail was granted solely on the grounds of prolonged jail, refraining from expressing any opinion on the merits of the prosecution case.
- The accused are required to execute a PR bond of Rs 1,00,000 each and adhere to conditions such as not leaving the court's jurisdiction without permission.
Two accused in the 2011 Mumbai triple bomb blasts case, who are in jail for nearly 15 years, were granted bail on Friday by a special court which cited their prolonged incarceration and violation of the right to a speedy trial while giving them relief.
The Maharashtra Control of Organised Crime Act (MCOCA) court allowed the bail plea of the accused, Naquee Ahmed Shaikh and Haroon Naik, upon executing a PR (personal recognizance) bond of Rs 1,00,000 each with one or more solvent local sureties in the like amount, and also imposed certain conditions on them.
Special judge Satyanarayan R Navander, in his ruling, asserted that "the right to speedy trial of the accused has to be considered by the trial court not only in letters but also in spirit."
Further, the court considered the duo's bail on parity as co-accused in the case have been granted bail by the Bombay High Court on similar grounds.
The special judge clarified that the bail plea was being allowed solely on the grounds of prolonged jail and the court "consciously refrains from expressing any opinion on the merits of the prosecution case".
The prosecution argued that trial courts lack inherent powers of constitutional courts to grant bail based on delay.
However, Judge Navander asserted that "trial courts must also uphold the spirit of the Constitution".
"The provisions of the Constitution are to be considered not only by the constitution courts, but by the trial court as well," the judge noted.
Background of the 2011 Mumbai Bombings
The 13/7 blasts refer to three coordinated explosions that took place at Opera House, Zaveri Bazaar and Dadar in Mumbai on July 13, 2011, killing 27 people and injuring over 130.
Charges against the accused, numbering around a dozen, were framed in September 2019, eight years after the initial arrests.
The trial in the case was currently being conducted on a day-to-day basis. Until now, 203 witnesses have recorded their testimony and more than 100 still remain to be examined.
The MCOCA court noted that even with "expeditious conduct of trial, it is likely to take considerable time for completion".
Thus, the special judge allowed the bail plea of Shaikh and Naik upon executing a PR bond of Rs 1,00,000 each with one or more solvent local sureties in the like amount.
The judge asked the duo not to leave the court's jurisdiction without its permission and directed them to surrender their passports.
He also asked them not to make any attempt to tamper with evidence or influence witnesses.
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