Prolonged incarceration without trial violates the right to a speedy trial under Articles 19 and 21 of the Constitution.

JUDGMENT

B.R. GAVAI, J.

1. Leave granted.

2. The present appeal challenges the order passed by the learned Single Judge of the High Court of Judicature at Bombay in Criminal Appeal No.298 of 2024, vide which the appeal filed by the appellant herein challenging the order passed by the Additional Special Judge (M.C.O.C. Act), Pune (hereinafter referred to as ‘Special Judge’), rejecting the application for bail filed by the appellant.

3. Shri Anand Dilip Landge, learned counsel appearing for the appellant submits that the learned Single Judge of the High Court as well as the learned Special Judge have grossly erred in rejecting the application filed by the appellant. It is submitted that relying solely on one criminal antecedent, the provisions of Maharashtra Control of Organised Crime Act, 1999 (for short, ‘the said Act’) have been invoked against the appellant herein. Relying on certain photographs, the learned counsel for the appellant submits that the appellant was not present at the place of the incident, inasmuch as he was 26 kms., away from the place where the incident occurred. The learned counsel for the appellant further submits that when the appellant was arrested, he was 21 years of age and after approximately five years of incarceration, he is now 26 years of age. He, therefore, submits that the present appeal deserves to be allowed and the appellant deserves to be enlarged on bail.

4. The appeal is vehemently opposed by Mr. Varad Kilor, learned counsel appearing for the State and Smt. Anagha S. Desai, learned counsel appearing for the complainant.

5. It is submitted by the learned counsel appearing for the State as well as for the complainant that the learned Single Judge of the High Court, by an elaborate order, rejected the appeal of the appellant herein. It is submitted that the appellant is a part of a gang which has caused terror in the area and is indulging in criminal activities. Smt. Anagha S. Desai, learned counsel appearing for the complainant submits that the learned Single Judge has rightly rejected the reliance sought to be placed by the appellant on the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another, (2024) 9 SCC 813 : 2024 INSC 645. She therefore submits that no interference is warranted in the present appeal.

6. At the outset, we may state that the learned Single Judge by an elaborate and well reasoned order rejected the appeal of the appellant herein.

7. We, therefore, find no error in the reasoning adopted by the learned Single Judge, inasmuch as the learned Single Judge has relied on the judgment of this Court in the case of State of Maharashtra v. Vishwnath Maranna Shetty, (2012) 10 SCC 561 : 2012 INSC 494.

8. A perusal of the judgment of the learned Single Judge would reveal that the learned Judge has basically rejected the appeal on the ground that the twin conditions as required under the provisions of the said Act i.e. (i) Satisfaction of the Court that there are reasonable grounds for believing that the accused is not guilty of the alleged offence; and (ii) He/she is not likely to commit any offence while on bail. While doing so, the learned Judge has given elaborate reasonings and has held that the appellant is not entitled to grant of bail.

9. However, it is to be noted that this Court in the case of Manish Sisodia v. Directorate of Enforcement, 2024 SCC OnLine SC 1920 : 2024 INSC 595 while considering the twin conditions, as applicable under the provisions of Prevention of Money Laundering Act, 2002 has held that prolonged incarceration without the accused being made to face the trial would result in forcing him to face the sentence without undergoing the trial. In the said case of Manish Sisodia (supra), the Court has also held that the right to speedy trial is also one of the facets of the rights flowing from Articles 19 and 21 of the Constitution of India. The said judgment of this Court in the case of Manish Sisodia (supra), has been constantly followed in various other ju