KAFEEL AHMED MOHD AYUB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Appeal under Sec. 21(4) of the National Investigation Agency Act (for short NIA Act), by the original accused No.5, impugning Order dtd. 5/2/2022, passed below Exh.733 in MCOC Special Case Nos.11 of 2012 alongwith 14 of 2012, 5 of 2014, 5 of 2015, 15 of 2015 and 20 of 2016 arising out of CR No.28 of 2011 (Opera House), CR No.29 of 2011 (Zaveri Bazar) and CR No.30 of 2011 (Kabutarkhana Dadar West), (Bomb Blast Cases), Mumbai, by the learned Additional Sessions Judge and Special Judge Under MCOC/NIA/POTA Act, Greater Mumbai, rejecting his Application for bail under Sec. 439 of the Code of Criminal Procedure (Cr.P.C.).

(2.) Heard Mr.Solkar, learned counsel for the Appellant and Mr.Bagade, learned Special P.P. for the Respondent-State. Perused entire record.

(3.) Mr.Solkar submitted that, the Appellant was initially arrested by the Delhi Police, Special Cell on 22/2/2012. He was taken into custody and arrested by the ATS in this case on 19 th May, 2012, on the basis of transfer warrant duly issued by the learned Judge of the MCOCA Court, Mumbai. Mr.Solkar submitted that, the Appellant is canvassing his Appeal, inter alia his Application for bail under Sec. 439 of Cr.P.C. only on the ground of prolonged incarceration without trial and not on merits. He submitted that, as of today the Appellant has undergone more than 13 1/2 years of actual imprisonment without trial. That, the prosecution is yet to examine 233 witnesses in the present case and the possibility of conclusion of trial in near future is remote. That, the Appellant as of today is aged about 65 years and is suffering from age related elements. He submitted that, speedy and expeditious trial is a facet of right to live as embodied under Article 21 of the Constitution of India. He submitted that, trial Court therefore has committed an error while rejecting his Application for bail. He therefore prayed that, impugned Order may be set aside and the appellant may be released on bail on suitable conditions.