Mumbai, April 10 Two accused in the 2011 Mumbai triple bomb blasts case, who have been in jail for nearly 15 years, were granted bail by a special court on Friday, citing their prolonged incarceration and violation of the right to a speedy trial while granting them relief.
The Maharashtra Control of Organised Crime Act (MCOCA) court allowed the bail plea of the accused, Naquee Ahmed Shaikh and Haroon Naik, after they executed a PR (personal recognizance) bond of Rs 1,00,000 each with one or more solvent local sureties in the same amount, and also imposed certain conditions on them.
Special judge Satyanarayan R Navander, in his ruling, stated that "the right to a speedy trial of the accused must be considered by the trial court not only in letter but also in spirit."
Furthermore, the court considered the duo's bail on the grounds that other accused in the case had been granted bail by the Bombay High Court on similar grounds.
The special judge clarified that the bail plea was being allowed solely on the grounds of prolonged imprisonment, and the court "consciously refrains from expressing any opinion on the merits of the prosecution case."
The prosecution argued that trial courts lack the inherent powers of constitutional courts to grant bail based on delay.
However, Judge Navander asserted that "trial courts must also uphold the spirit of the Constitution."
"The provisions of the Constitution are to be considered not only by the constitutional courts, but also by the trial court," the judge noted.
The 13/7 blasts refer to three coordinated explosions that took place at Opera House, Zaveri Bazaar, and Dadar in Mumbai on July 13, 2011, killing 27 people and injuring over 130.
Charges against the accused, numbering around a dozen, were framed in September 2019, eight years after the initial arrests.
The trial in the case is currently being conducted on a day-to-day basis. Until now, 203 witnesses have recorded their testimony, and more than 100 still remain to be examined.
The MCOCA court noted that even with "expeditious conduct of the trial, it is likely to take considerable time for completion."
Thus, the special judge allowed the bail plea of Shaikh and Naik after they executed a PR bond of Rs 1,00,000 each with one or more solvent local sureties in the same amount.
The judge asked the duo not to leave the court's jurisdiction without its permission and directed them to surrender their passports.
He also asked them not to attempt to tamper with evidence or influence witnesses.