Been In Jail For Over 10 Years: Gujarat HC Grants Bail To Accused In 2013 Sabarmati Prison Break Attempt Case

The Gujarat High Court has granted regular bail to man booked in the 2013 Sabarmati prison break attempt case noting that he has been lodged in jail for the past ten years and there is no likelihood that the trial will be over soon.

The Court was considering the bail application filed by the accused under Section 439 of the Code of Criminal Procedure, 1973.

The single-bench of Justice Nirzar S. Desai observed, "In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail...…..the applicant is in jail since February 2013 and there is no likelihood that the trial will be over soon."

The applicant was represented by Advocate Musaib I Sheikh while the respondent was represented by Advocate Tirthraj Pandya.

The applicant was booked for the offences punishable under Sections 130, 224 and 120 (B) etc. of the Indian Penal Code and under Sections 42 and 45 of the Prisons Act, 1894 for alleged attempt to break the Sabarmati prison in Gujarat.

Counsel for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

On the other hand, learned APP appearing for the respondent – State vehemently submitted that, the offences, which have been charged, are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised.

The Court considered inter-alia the fact that the applicant is in jail since February 2013 with no likelihood of trial to be completing any soon while exercising discretion in favour of the applicant.

"In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail," the court observed while imposing suitable conditions while granting the regular bail.

The application was accordingly allowed.

Cause Title: Saqib Nisar vs. State of Gujarat (2024:GUJHC:60939)

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