IMPORTANT POINT
Bail – Right to speedy trial of accused is a fundamental right under Article 21 of Constitution of India.

JUDGMENT

A.S. Gadkari, J.—By this Appeal under Section 21(4) of the National Investigation Agency Act (for short NIA Act), the Appellant has impugned Order dated 1st September 2021, passed by below Exh. 282 in MCOCA Special Case No. 7 of 2013, rejecting his Application for bail, under Section 439 of the Code of Criminal Procedure (Cr.P.C.)

1.1. Appellant is original accused No. 6 in the said MCOCA Special Case No. 7 of 2013. The said case is culmination of investigation of C.R. No. 09 of 2012 by ATS Police Station, Mumbai (originally registered as C.R. No. 168 of 2012 with Deccan Police Station Pune), for the offences punishable under Sections 307, 435 and 120-B of the Indian Penal Code (IPC) read with Sections 3, 4 and 5 of the Explosive Substances Act, read with Sections 3, 25 of the Arms Act, read with Sections 16(1) (b), 18, 20, 23, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 Amendment 2008, read with Sections 3(1) (ii), 3(2), 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Act).

2. It is the prosecution case that, on 1st August 2012, approximately between 19.25 to 23.30 hours five low intensity explosions took place in the city of Pune. In the said blasts, one person was injured. Apart from five bomb blasts, one live bomb was found in the carrier basket of Hero Street Ranger black colour bicycle, parked opposite Zodiac shop near Axis Bank on Jangli Maharaj Road, Pune. The same was defused by the Bomb Detection and Disposal Squad, Pune. Accordingly, initially C.R. No. 168 of 2012 was registered with Deccan Police Station, Pune. The said crime was subsequently transferred for further investigation with ATS Police Station, Mumbai. During the course of investigation, it was revealed that, the motive behind commission of the said crime was to cause mass destruction of life and property and to strike terror in the minds of general public at large. The accused persons had conspired to cause the said blasts, to take revenge of the death of one Mr. Qateel Siddique, an Indian Mujahedeen operative, who was killed in Yerwada Prison, Pune, on 8th June 2012. In all 9 accused persons were arrested in the said crime. The Appellant has been arrested on 26th December 2012 and since then, he is behind bars. After completion of investigation, the police have filed charge-sheet.

3. Mr. Solkar, learned counsel appearing for the Appellant submitted that, the Appellant is behind bars for more than 12 ½ years. That co-accused namely Munib Iqbal Memon (A-5), who was also arrested on 26th December 2012 by the Respondent, has been granted bail by the co-ordinate Bench of this Court by its Judgment dated 20th September 2024. That, the role played by the Appellant herein is either same or similar to that of coaccused Munib Iqbal Menon (A-5) and therefore the Appellant is entitled to be released on bail on the ground of parity. He submitted that, even otherwise the Appellant has undergone more than 12 ½ years of pre-trial incarceration and therefore also he is entitled for release on bail. As per the Appellant, as on 11th August 2025 i.e in last more than 12 ½ years, the prosecution has examined in all 27 witnesses out of approximately total 170 witnesses cited by it. Mr. Solkar therefore prayed that, the Appellant may be released on bail.

4. Mr. Chate, learned APP appearing for the Respondent-State vehemently opposed the Appeal. He supported the impugned Order dated 1st September 2021. He drew our attention to the confessional statements of co accused Firoz @ Hamza Abdul Hameed Sayyed (A-3), Irfan Mustafa Landge @ Zaki @ Vicky @ Fahad @ Kabeer Deshmukh @ Kamaran (A-4) and the Appellant himself, dated 9th January 2013. He submitted that, co-accused Firoz @ Hamza Abdul Hameed Sayyed (A-3) passed away on 7th April 2024 in judicial custody while undergoing treatment at JJ hospital, Mumbai. He submitted that, the role attributed to the Appellant is that, he prepared forged documents on his computer, which were subsequentl