Supreme Court Grants Bail to Accused in Counterfeit Currency Case, Citing Violation of Right to Speedy Trial

Background

The Supreme Court has granted bail to an accused, Sheikh Javed Iqbal , who was charged under Sections 489B and 489C of the Indian Penal Code (IPC) and Section 16 of the Unlawful Activities (Prevention) Act (UAP Act) for his alleged involvement in the illegal trade of supplying counterfeit Indian currency notes in Nepal.

Arguments

The accused had been in custody since February 2015, and the trial had been progressing at a snail's pace, with only two witnesses examined so far. The accused argued that his right to a speedy trial under Article 21 of the Constitution had been violated, and he should be granted bail. The state, on the other hand, argued that the charges against the accused were grave and that there was a risk of him absconding since he was a foreign national.

Court's Analysis and Reasoning

The Supreme Court acknowledged the seriousness of the charges but emphasized that the right to a speedy trial is a fundamental right under Article 21 of the Constitution. The court noted that the accused had been in custody for over nine years, and the trial was unlikely to be concluded in the near future. The court also distinguished the present case from its previous decision in Gurwinder Singh v. State of Punjab, where the trial was already underway with several witnesses examined.

The court further held that the restrictions on granting bail under the UAP Act cannot be used to deny bail indefinitely, especially when the accused's right to a speedy trial has been violated. The court emphasized that the constitutional right to liberty must be balanced against the seriousness of the charges.

Decision

The Supreme Court set aside the High Court's order rejecting the accused's bail application and directed that the accused be released on bail, subject to certain conditions, such as the impounding of his passport, not leaving the territorial jurisdiction of the trial court, and regularly reporting to the police station.

The court's decision underscores the importance of the right to a speedy trial and the need to balance it against the seriousness of the charges, even in cases involving national security concerns and the use of counterfeit currency.