Case Note & Summary
The applicant, Afroz Firoz Mujawar @ Dastagir, was accused No. 19 in MCOC Act Special Case No. 4 of 2009 pending before the Special Court under the MCOC Act at Mumbai. There were 23 accused in the case. The applicant had been in custody since 4 October 2008. The trial had not commenced and even the charge had not been framed. The applicant sought bail on the ground that his case was on par with that of accused No. 9, Mohd. Atik Mohd. Iqbal, who had been released on bail by the same court in Criminal Bail Application No. 1047 of 2011 decided on 24 September 2012. The prosecution case related to a series of bomb blasts in Ahmedabad on 26 July 2008, allegedly carried out by the Indian Mujahideen, and the investigation by the Mumbai Crime Branch led to the arrest of the 23 accused for offences including waging war against the State, unlawful activities, and possession of explosives. The court, after hearing both sides, found that the facts and reasoning in the order granting bail to accused No. 9 squarely applied to the present applicant. The court noted that the applicant had been in custody for over four years without the trial commencing, which infringed upon his right to a speedy trial. Accordingly, the court allowed the bail application and directed the applicant's release on bail subject to conditions, including furnishing a personal bond of Rs. 50,000 with one or two sureties, and reporting to the investigating officer periodically.
Headnote
A) Criminal Law - Bail - Parity - Maharashtra Control of Organised Crime Act, 1999 (MCOCA) - Sections 3(1)(ii), 3(2), 3(4), 3(5) - Applicant sought bail on ground of parity with co-accused No. 9 who was granted bail by this Court - Court held that since the case of the applicant was almost on par with the co-accused and the trial had not commenced despite the applicant being in custody since 4/10/2008, the applicant was entitled to bail on the same reasoning - Held that bail granted subject to conditions (Paras 2-5).
Issue of Consideration
Whether the applicant, accused No. 19 in an MCOC Act case, is entitled to bail on the ground of parity with a co-accused who was granted bail, and considering the long period of custody without commencement of trial.
Final Decision
Bail application allowed. The applicant shall be released on bail on furnishing a personal bond of Rs. 50,000 with one or two sureties in the like amount. The applicant shall report to the investigating officer on every Monday between 10 a.m. and 12 p.m. until further orders. The applicant shall not tamper with evidence or influence witnesses.
Law Points
- Bail
- Parity
- MCOCA
- Delay in trial
- Right to speedy trial
