YERWADI KASIM ALIAS MOHAMMED KASIMALIASSYED MEERANALIASABBAS Vs. STATE

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this Court, the petitioner who is facing trial in S.C.No.15 of 2003 on the file of the Special Court for Bomb Blast Cases, Poonamallee, has brought forth this petition for issuance of a writ of habeas corpus.

(2.) THE affidavit in support of the petition and the counter affidavit are perused. THE Court heard the learned Counsel for the petitioner and also the learned Additional Public Prosecutor.

(3.) ADMITTEDLY, the petitioner is facing trial in S.C.No.15 of 2003 on the file of the Special Court for Bomb Blast Cases, Poonamallee. A few witnesses, according to the State, have been examined. Thus, the trial is part heard. It is also an admitted fact that he is in judicial custody for more than 10 years i.e., from the time of his arrest in the instant crime in the year 1998. It remains to be stated that even if the trial Court comes to the conclusion that he is guilty of the offence, he might have served the sentence taking into consideration that he is in custody for more than 10 years in connection with this case. Now, at this juncture, the only question that would arise for consideration is whether the petitioner can be released on bail pending disposal of the said Sessions Case. It is brought to the notice of the Court that he is undergoing life imprisonment in another case. However, this Court is of the view that the petitioner can be permitted to make an application for bail before the trial Court as far as this case is concerned. Accordingly, permission is granted, and the trial Court is also directed to consider the application of the petitioner for bail on the very day as and when made. But, at the same time, there is no impediment for the trial Court to proceed with the trial, complete the same and adumbrate justice in accordance with law.