Bombay High Court Grants Bail To Accused In Pune Serial Blasts Case After He Spent 11 Years In Jail Without Trial

The Bombay High Court on Friday granted bail to a 42-year-old tailor, booked for allegedly conspiring and executing the serial bomb blasts in Pune in August 2012 for taking revenge of the custodial death of a terrorist of the banned Indian Mujahideen outfit.

A division bench of Justices Revati Mohite-Dere and Sharmila Deshmukh noted that the appellant Munib Memon has been in custody for around 11 and a half years since his arrest in December 2012.

"Today, the appellant is in custody for more than 11 and 1⁄2 years with no prospect of the trial concluding within a reasonable period. Although the incident took place in December 2012, charge was framed in the said case only in 2022 and it is only in February 2024 that the first witness stepped into the witness-box," the judges noted.

The judgment authored by Justice Mohite-Dere, further takes note of the fact that as per the prosecution, although there are 300 witnesses cited in the charge-sheet, the prosecution intends to examine only 107 witnesses.

"Till date only about 8 witnesses have been examined and as such the possibility of the trial concluding in the immediate near future appears to be bleak. The right to a speedy trial under Article 21 of the Constitution of India, is a fundamental right," the judges underscored.

Background:

According to the prosecution case, five bombs had rocked the city of Pune on August 1, 2012 and one live bomb was detected within the vicinity of the spot where the five bombs exploded. The bombs which were used in the commission of the offences were placed in bicycle baskets. All the bicycles were placed in one of the prominent business and crowded areas in Pune.

It is the prosecution case, that the said bomb blasts were planned to avenge the death of one Quatil Siddique, a member of a banned terrorist organisation, Indian Mujahideen, who was arrested for conspiring to blast bombs at the famous Dagadu Sheth Ganpati Mandir in Pune.

As regards the present Applicant's role in the blasts is concerned, the bench noted that he attended two meetings where the other co-accused together hatched a conspiracy to execute the blasts. It further noted that the applicant was instrumental in purchasing SIM cards on bogus documents, which were used for conspiring to execute the blasts.

Based on the 'confessional statements' of the co-accused, the bench held that prima facie, applicant's complicity in the crime was proved.

"We prima facie came to the conclusion that there were no reasonable grounds for believing that the appellant was not guilty of the offences with which he was charged, as mandated under Section 21(4) of the MCOC Act nor were there any reasonable grounds for believing that the allegations against the appellant were not prima facie true, as mandated under Section 43(D)(5) of the UAPA," the judges noted from its earlier order passed in 2022, when his bail plea was rejected.

The instant application was however, allowed on the ground that the accused has been in custody for more than 11 years and the fact that the trial has been proceeding at a snail's space.

Appearance:

Advocates Mubin Solkar, Tahera Qureshi, Tahir Hussain, and Anas Shaikh appeared for the Appellant.

Special Public Prosecutor Vaibhav Bagade along with Additional Public Prosecutor Kranti Hiwrale represented the State.

Case Title: Munib Iqbal Memon (Criminal Appeal 491 of 2024)

Citation: 2024 LiveLaw (Bom) 484

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