Bombay High Court Grants Bail to Kafeel Ahmed After 13 Years of Incarceration

Bail Granted Due to Prolonged Detention Without Trial, Asserting Constitutional Right to Speedy Trial

In a landmark decision, the Bombay High Court has granted bail to Kafeel Ahmed Mohd Ayub, the appellant in the triple bomb blast case, after spending over 13 years in custody without trial. The decision was made by a Division Bench comprising Justices A.S. Gadkari and Ranjitsinha Raja Bhonsale, underscoring the importance of the constitutional right to a speedy trial.

The appellant was initially arrested in 2012 by the Delhi Police and subsequently by the Maharashtra Anti-Terrorism Squad (ATS) in relation to the bomb blasts that occurred on July 13, 2011, in Mumbai. Despite the seriousness of the charges, which include harboring co-accused involved in the bomb blasts, the court acknowledged the undue delay in the trial process. The prosecution has yet to examine 233 out of 700 listed witnesses, making the completion of the trial in the near future unlikely.

The court’s decision aligns with constitutional principles, particularly Article 21 of the Constitution of India, which guarantees the right to a speedy trial. This decision draws upon precedents set by the Supreme Court, notably in Union of India v. K.A. Najeeb, which emphasizes the balance between statutory restrictions and constitutional rights.

Bail was granted under strict conditions to ensure the appellant's compliance and prevent any tampering with evidence or influencing of witnesses. These conditions include executing a personal recognizance bond, regular reporting to the ATS, surrendering his passport, and restrictions on movement outside the trial court’s jurisdiction. Any breach of these conditions could lead to the revocation of bail.

The court’s decision highlights the judiciary's role in safeguarding individual rights amidst procedural delays, reiterating the importance of timely justice in maintaining the integrity of the legal system.

Bottom Line:

Prolonged incarceration without trial, coupled with the unlikelihood of trial completion within a reasonable time, constitutes grounds for granting bail under constitutional principles safeguarding the right to a speedy trial.

Statutory provision(s): National Investigation Agency Act, 2008 Section 21(4), Constitution of India, 1950 Article 21, Section 439 of the Code of Criminal Procedure

Kafeel Ahmed Mohd Ayub v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc Id # 2804443