The Calcutta High Court recently granted bail to an alleged member of the banned organisation Jamaat-ul-Mujahideen Bangladesh (JMB).
In 2019, the accused, Manirul Islam was arrested in a case under the Explosive and Substance Act, the Indian Penal Code (IPC), and the Unlawful Activities (Prevention) Act (UAPA).
A division bench of Justice Ajay Kumar Gupta and Justice Joymala Bagchi ehile granting relief observed that,
“Keeping in mind the slow progress of trial and as the petitioner has suffered incarceration for more than four years when the maximum sentence imposed on the co-accused on the same charge is five years and nine months, we are of the view his continued detention would amount to infraction of his fundamental right to speedy justice and he is entitled to bail on this score. Bail prayer of the petitioner on this ground is not fettered by Section 43(D)(5) of the UAPA Act.”
On March 8, 2019, the petitioner-accused was apprehended by STF and charged under Section 120B (Punishment of criminal conspiracy), Section 130 (Aiding escape of, rescuing, or harbouring such prisoner) of the IPC; Section 5 (Punishment for making or possessing explosives under suspicious circumstances) and Section 6 (Punishment of abettors) of the Explosive Substances Act; Section 18 (Punishment for conspiracy, etc.)
It was also claimed that the petitioner-accused was a member of the JMB, which was outlawed on May 23, 2019.
The petitioner moved the High Court seeking bail on the grounds that he has been in custody for more than four years, and the petitioner’s co-accused pleaded guilty and were sentenced to a maximum period of five years and nine months.
Manirul further stated that he was arrested on March 8, 2019, and JMB was banned on May 23, 2019, so he was not a member of a banned organization at the time of his arrest.
In his plea, he contended that only one witness had been fully examined and that the trial would not be completed soon in the near future.
The State’s counsel objected to the bail application on the grounds that the petitioner was a member of a prohibited organization and that a laptop was recovered from his possession.
“JMB was notified as a banned organization on 23.05.2019. Petitioner had been already arrested by then. It cannot be said that he voluntarily continued as a member of the said organization after the same had been declared unlawful. This issue may be thrashed out during trial but the petitioner is in custody for more than four years,” the bench remarked.
The division bench then noted that the co-accused who had pleaded guilty had been sentenced to less than six years in prison.
“Only one witness has been fully examined, and another has been partially examined.” There is little chance that the trial will be completed in the near future. “In such circumstances, we are inclined to grant bail to the petitioner,” the bench noted.
As a result, the bench granted bail to the petitioner on the following terms:
- Upon furnishing a bond of Rs.25,000/- with two sureties of like amount each, one of whom must be local.
- While on bail the petitioner shall remain within the jurisdiction of Municipal limits of Kolkata until further orders except for the purpose of attending court proceeding and shall provide the addressed where he shall presently reside to the investigating officer as well as the Sessions Court.
- The petitioner shall report to the Officer-in-Charge of the concerned police station within whose jurisdiction he shall presently reside once in a week until further orders.
- Petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.
“In the event the petitioner fails to comply with the aforesaid conditions without justifiable cause, the trial court shall be free to cancel his bail in accordance with law without further reference to this Court,” the bench added.
