Observing that ‘chances of timely completion of the trial appear to be bleak,’ the Bombay High Court recently granted bail to five accused arrested in the 2018 Nalasopara arms haul and terror plot case under the Unlawful Activities (Prevention) Act (UAPA).
On July 30, a division bench of Justices Bharati H Dangre and Manjusha A Deshpande passed an order in appeals by Sujith Kumar Rangaswami, Amit Ramchandra Baddi, Ganesh Dashrath Miskin, Shrikant Jagannath Pangarkar and Bharat Jaywant Kurane challenging orders by a special NIA court which refused them bail.
In 2018, the Maharashtra Anti-Terrorism Squad (ATS) booked 12 people under provisions of UAPA, Explosive Substances Act, Explosives Act, Arms Act and Maharashtra Police Act, as well as offences of criminal conspiracy, destruction of evidence and harbouring an offender under the IPC.
The appellants referred to a September 20, 2023 order of another bench of the high court led by Justice Revati Mohite-Dere that granted bail to co-accused Vaibhav Raut (44), an alleged member of the Hindu Govansh Raksha Samiti and Sanatan Sanstha.
Last year, the high court noted that the Supreme Court granted bail to co-accused Avinash Pawar in August 2022 citing long incarceration and no likelihood of early conclusion of trial, and that the HC had granted bail to co-accused Pratap Hajra and Liladhar Lodhi in March 2023 on similar grounds; therefore, Raut deserved bail on parity.
Justice Dangre, after perusing statements of witnesses, prima facie formed an opinion that that these statements “are insufficient to establish the charge of conspiracy against the appellants.”
The bench held, “We see no reason why the benefit of the above orders shall not be extended to the Appellants before us, though the affidavit filed by the Assistant Commissioner of Police, Anti Terrorist Squad (ATS), Mumbai has projected the appellants to be involved in a serious offence.”
The court added that though the prosecution made an attempt to submit that the trial in the case has commenced, the high court was informed that only two of 417 witnesses are examined and “the chances of timely completion of trial appear to be bleak.”
“For the aforesaid reason, since the speedy trial has received a recognition of fundamental right of a person facing accusations and being subjected to trial and since all the Appellants are incarcerated since 2018, appeals are allowed,” the HC noted in its order.
It clarified that the observations made by it were prima facie in nature and the trial judge shall not get influenced by the same.
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