Bail granted on grounds of parity with similarly placed accused, considering prolonged judicial custody and potential delay in trial.
In a significant development, the Karnataka High Court has granted bail to Mr. Fairoz Pasha, who was arraigned as accused No.19 in a high-profile case investigated by the National Investigation Agency (NIA). The decision, delivered by Justices Mohammad Nawaz and G Basavaraja, comes after a prolonged judicial custody of over five and a half years for Mr. Pasha, with the trial's conclusion appearing unlikely in the near future.
The appellant was charged under multiple sections of the Indian Penal Code, the Unlawful Activities (Prevention) Act (UA(P) Act), the Prevention of Damage to Public Property Act, and the Karnataka Prevention of Destruction and Loss of Property Act. The charges stem from an incident on August 11, 2020, involving a mob that agitated against a Facebook post perceived as blasphemous, resulting in damage to police property and vehicles.
Initially, Mr. Pasha's bail plea was rejected by the Special Court, citing serious allegations and the statutory bar under Section 43D(5) of the UA(P) Act. However, the High Court highlighted that several similarly placed accused had already been granted bail either by the High Court itself or the Supreme Court of India.
The High Court's decision to grant bail was influenced by the principle of parity, acknowledging the bail orders for other accused in related cases. The court noted the extensive number of witnesses (267) and the significant time it would take to conclude the trial, thereby justifying the bail on humanitarian grounds.
Mr. Pasha's bail is subject to stringent conditions, including the execution of a personal bond worth Rs.1,00,000, furnishing residential proof, non-tampering of witnesses, and regular appearances in court. He is restricted from leaving the jurisdiction without prior permission and must cooperate with the trial proceedings.
This decision underscores the judiciary's commitment to ensuring fair treatment of accused persons while balancing the gravity of charges and procedural delays. Legal experts anticipate that the ruling may set a precedent for similar cases, particularly those involving prolonged custody and pending trials.
Bottom line:-
Bail granted to the appellant under the UA(P) Act on the ground of parity with similarly placed accused already enlarged on bail, considering prolonged judicial custody and potential delay in trial.
Statutory provision(s): National Investigation Agency Act, 2008 Section 21, Indian Penal Code Sections 143, 147, 307, 436, 353, 332, 333, 427, 504, 506, 149, 34, Unlawful Activities (Prevention) Act, 1967 Sections 15, 16, 18, 20, Prevention of Damage to Public Property Act, 1984 Section 4, Karnataka Prevention of Destruction and Loss of Property Act, 1981 Section 2.
Mr Fairoz Pasha v. National Investigation Agency, (Karnataka)(DB) : Law Finder Doc id # 2936136
