Possibility Of Trial Concluding In Near Future Appears Bleak: Bombay HC Grants Bail To Accused In 2012 Pune Bomb Blasts Case

The Bombay High Court granted bail to an accused being allegedly involved in 2012 Pune Bomb Blasts case.

The accused namely Munib Iqbal Memon had filed a criminal appeal under Section 21(4) of the National Investigation Agency Act, 2008 (NIA Act) against the order of the Special judge by which his bail application was rejected.

A Division Bench of Justice Revati Mohite Dere and Justice Sharmila U. Deshmukh observed, “It is not in dispute, that some of the offences with which the appellant is charged, the minimum sentence is 5 years, with the maximum sentence of imprisonment for life. As noted above, the appellant has already undergone 11 ½ years of pre-trial detention. As noted above the prosecution has examined only 8 witnesses till date and about 100 odd witnesses are yet to be examined. It is thus evident that the possibility of the trial concluding in the immediate near future appears to be bleak.”

The Bench added that the right to a speedy trial under Article 21 of the Constitution of India, is a fundamental right.

Advocate Mubin Solkar appeared for the appellant/accused while Special Public Prosecutor (SPP) Vaibhav Bagade appeared for the respondent/State.

Facts of the Case -

Five bomb blasts took place in Pune city in August 2012 in the evening in the areas of Deccan Gymkhana, Bal Gandharv Rang Mandir, and other adjoining areas. A live bomb was also recovered from one of the spots. The bombs which were used in the commission of the offences were placed in bicycle baskets and all the bicycles were placed in one of the prominent business and crowded areas in Pune. Pursuant to the said five blasts that took place at various locations in Pune City, an FIR was lodged initially with the Deccan Police Station, Pune as against unknown persons. The offences alleged were Sections 307, 427, and 120B of the Indian Penal Code (IPC).

Thereafter, the investigation was transferred to the ATS, Mumbai. Nine persons were arrested in connection with the aforesaid offences and some accused were still absconding. As per the prosecution case, the said bomb blasts were planned by the accused with the intent of striking terror in the minds of the people and for causing deaths/injuries to persons and/or causing loss or damage or destruction of property. It was alleged that the said bomb blasts were planned to avenge the death of one Quatil Siddique, a member of a banned terrorist organization, Indian Mujahideen.

The High Court in view of the above facts, said, “… the matter is presently pending for consideration as to whether the charge under Section 307 of the IPC, is to be applied to the appellant or not. It may be noted here, that there is no charge under Section 302 of the IPC in the said case against any of the accused.”

The Court also noted that the appeal has been filed by the accused on the ground of delay in the trial, resulting in infringement of his constitutional right guaranteed under Article 21 of the Constitution i.e., right to speedy trial.

Accordingly, the Court allowed the appeal, quashed the impugned order, and granted bail to the accused on executing a bond of Rs. 1 lakh with one or more solvent sureties in the like amount to the satisfaction of the Judge, NIA Court.

Cause Title- Munib Iqbal Memon v. The State of Maharashtra (Neutral Citation: 2024:BHC-AS:37433-DB)

Appearance:

Appellant: Advocates Mubin Solkar, Tahera Qureshi, Tahir Hussain, and Anas Shaikh.

Respondent: SPP Vaibhav Bagade and APP Kranti T. Hiwrale.

Click here to read/download the Judgment