Case Note & Summary
The applicant, Yasir Sayyed Anis Sayyed @ Hujefa, was accused no.13 in MCOC Special Case No.4 of 2009 pending before the Special Court under the MCOC Act at Mumbai, arising from the 26 July 2008 Ahmedabad bomb blasts. The prosecution alleged that the applicant was part of a conspiracy involving theft of cars used in the blasts and sending a terrorist email. The applicant had been in custody since 4th October 2008, and the trial had not commenced nor had charges been framed. The applicant sought bail on the ground of parity with co-accused no.9 (Mohd Atik Mohd.Iqbal) and accused no.19 (Afroze Firoz Mujawar @ Dastagir), who had been granted bail by the same court in earlier orders. The State opposed bail, arguing that the applicant's role was distinct and serious. The court examined the material against the applicant and found that his case was on par with the bailed co-accused. The court noted that the applicant had been in custody for over five years without trial, which infringed his right to a speedy trial under Article 21 of the Constitution. Applying the principle of parity and considering the prolonged incarceration, the court granted bail to the applicant on such terms and conditions as the Special Court may impose.
Headnote
A) Criminal Law - Bail - MCOCA - Parity - Applicant sought bail on ground that his case was identical to co-accused who were granted bail - Court found parity and granted bail - Held that where co-accused similarly situated have been released on bail, applicant is entitled to same relief (Paras 4, 9-10).
B) Criminal Law - Bail - MCOCA - Long Incarceration - Applicant in custody since 4th October 2008, trial not commenced, charge not framed - Court considered prolonged detention without trial as a factor for bail - Held that right to speedy trial is fundamental and continued incarceration without trial violates Article 21 (Paras 3, 9-10).
Issue of Consideration
Whether the applicant, accused under MCOCA, is entitled to bail on the ground of parity with co-accused who were granted bail, and considering the long period of incarceration without commencement of trial.
Final Decision
The court allowed the bail application and directed that the applicant be released on bail on such terms and conditions as the Special Court may impose.
Law Points
- Bail
- MCOCA
- Parity
- Long Incarceration
- Right to Speedy Trial
Case Details
2014 LawText (BOM) (07) 85
Criminal Bail Application No.1007 of 2014
Mr.Mubin Solkar with Ms.Tahera Qureshi for applicant, Ms.V.S.Mhaispurkar for respondent State
Yasir Sayyed Anis Sayyed @ Hujefa
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Nature of Litigation
Criminal bail application under MCOCA
Remedy Sought
Applicant seeks bail in MCOC Special Case No.4 of 2009
Filing Reason
Applicant has been in custody since 4th October 2008, trial not commenced, charge not framed, and co-accused similarly situated have been granted bail
Previous Decisions
Co-accused no.9 and no.19 were granted bail by this Court in Criminal Bail Application No.1047/11 decided on 24th September 2012 and Criminal Bail Application No.1608/12 decided on 4th December 2012 respectively
Issues
Whether the applicant is entitled to bail on the ground of parity with co-accused who have been granted bail?
Whether the prolonged incarceration of the applicant without trial warrants bail?
Submissions/Arguments
Applicant's counsel argued that the case of the applicant is on par with accused no.9 and accused no.19 who were released on bail, and therefore the applicant deserves bail on the same reasoning.
State's APP argued that the applicant is alleged to have committed serious offences and his case is not on par with the bailed co-accused.
Ratio Decidendi
Where co-accused similarly situated have been granted bail on the basis of parity and considering the long period of incarceration without commencement of trial, the applicant is entitled to bail on the same grounds.
Judgment Excerpts
The applicant is in custody since 4th October 2008. Admittedly, the trial has not commenced. Even the charge has not yet been framed.
The learned counsel for the applicant submits that the case of the present applicant is on par with that of Accused no.9 Mohd Atik Mohd.Iqbal and Accused no.19 Afroze Firoz Mujawar @ Dastagir who were released on bail by this Court...
Procedural History
The applicant was arrested on 4th October 2008 in connection with the Ahmedabad bomb blasts case. A chargesheet was filed and the case is pending as MCOC Special Case No.4 of 2009 before the Special Court under MCOC Act, Mumbai. The applicant filed Criminal Bail Application No.1007 of 2014 before the Bombay High Court seeking bail.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 295A, 505(2), 507, 506(II), 120(B), 121, 122, 286
- Maharashtra Control of Organised Crime Act, 1999 (MCOCA):
- Arms Act, 1959: 25 read with 3
