Case Note & Summary
The petitioner, Riyaz Ahamed Sayeedi, accused No.4, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Spl.CC.No.330/2015 arising out of Crime No.11/2015 of Pulakeshinagar Police Station, Bengaluru. The case was registered on 7.1.2015 when CCB police, on credible information, apprehended two suspects at the City Railway Station and later registered a case for offences punishable under Sections 13, 16, 18, 20, 38 of the Unlawful Activities (Prevention) Act, 1967; Sections 4, 5, 6 of the Explosive Substances Act, 1908; and Sections 120B, 121A, 511 of the Indian Penal Code, 1860. The petitioner had been in custody since 2015. The learned counsel for the petitioner argued that the petitioner was not named in the FIR, no recovery was made from him, and co-accused had already been granted bail by the same court. The Additional Advocate General opposed the bail, contending that the petitioner was part of a conspiracy to commit terrorist acts. The court, after hearing both sides, observed that the petitioner was not named in the FIR and no prima facie material was placed to show his involvement in the conspiracy. Relying on the principle of parity, the court allowed the petition and granted bail to the petitioner subject to conditions.
Headnote
A) Criminal Law - Bail - Section 439 CrPC - Unlawful Activities (Prevention) Act - Parity - Petitioner-accused No.4 sought bail in a case involving Sections 13, 16, 18, 20, 38 of UAP Act, Explosive Substances Act, and IPC - Court considered that co-accused had been granted bail and no prima facie evidence of conspiracy against petitioner - Held that petitioner is entitled to bail on grounds of parity and lack of material showing his involvement (Paras 1-10).
Issue of Consideration
Whether the petitioner-accused No.4 is entitled to bail under Section 439 CrPC in a case involving offences under the Unlawful Activities (Prevention) Act and other penal laws.
Final Decision
Petition allowed. Petitioner-accused No.4 to be released on bail on executing a personal bond and furnishing two sureties to the satisfaction of the trial court.
Law Points
- Bail under Section 439 CrPC
- Unlawful Activities (Prevention) Act
- Parity in bail
- Prima facie case
- Conspiracy
