Nothing To Show That Prosecution Is Unnecessarily Delaying Trial: Rajasthan High Court Dismisses Bail Plea Of Alleged Indian Mujahideen Member In Custody For More Than 9 Years
The Rajasthan High Court, Jodhpur Bench has dismissed the bail application of a person allegedly linked with the banned terrorist organization Indian Mujahideen, while noting that the prosecution was not unnecessarily delaying the trial against the Petitioner.
The Court noted that the incarceration of nine years could not be considered, keeping in view the serious allegations including being an active member of the organization and recruiting others to participate in anti-national activities organized by it.
Justice Kuldeep Mathur observed, “In view of above mentioned factual matrix, the argument that the petitioners have suffered incarceration for a period of more than 9 years does not appeal to this Court especially when nothing has come on record to show that the prosecution is unnecessarily delaying the trial against the petitioners”.
Senior Advocate J.S. Choudhary appeared for the Petitioner and Additional Advocate General Anil Joshi appeared for the Respondent.
A bail application was filed before the Court under Section 439 of the Criminal Procedure Code in a case registered for offences under Sections 4, 5, 6 of the Explosive Substances Act (ESA), Sections 16, 17, 18, 18A, 18B, 19, 20, 23 and 38 of the Unlawful Activities (Prevention) Act (UAPA) and Sections 120-B, 121, 121A,122, 465, 468 and 471 of the Indian Penal Code (IPC). The Petitioner alleged that he had already undergone custody for more than 9 years as an under-trial prisoner. However, the Respondent contended that sufficient material was available on record indicating the involvement of the Petitioners in the commission of the alleged crime and was in constant touch with the head of the banned terrorist organization.
The Court noted that the allegations against the Petitioner were of actively participating in the terrorist activities organized by a banned organization and instigating others to not only become members but also actively participate as members of the terrorist group in the anti-national activities organized by it.
Furthermore, the Court observed that the coordinate Bench had directed the trial court to conduct the trial expeditiously and on a day-to-day basis. The Court noted that more than half of the prosecution witnesses have been examined and the prosecution is making all endeavors to conclude the trial at the earliest. Therefore, the Court observed that the case is likely to conclude soon.
“This Court prima facie finds that the coordinate Bench of this Court vide order dated 19.07.2022, passed in S.B. Crl. Misc. Bail Application No.7661/2022, had directed the trial court to conduct the trial expeditiously and on a day to day basis. The co-ordinate Bench at the time of passing the order noted that only 15 witnesses have been examined before the trial court. This Court finds that after passing of order dated 19.07.2022, 68 witnesses have deposed before the trial court, out of 110 cited prosecution witnesses. In view of the fact that more than half of the prosecution witnesses have been examined coupled with the fact that the trial court is conducting trial on day to day basis and making all endeavors to conclude the trial at the earliest, this Court is of the opinion that the trial of the case is likely to be concluded shortly”, the Court noted.
Accordingly, the Court dismissed the Petition.
Cause Title: Mohammad Ammar Yasir The State Of Rajasthan (2023:RJ-JD:36506)
