Calcutta High Court Grants Bail To Alleged Jaamat-ul-Mujahideen Bangladesh Member In UAPA Case After Over 4 Years Jail

The Calcutta High Court on Thursday granted bail to an alleged member of the banned organisation Jamaat-ul-Mujahideen Bangladesh (JMB). The accused was arrested in 2019 in a case under various provisions of Explosive and Substance Act, Indian Penal Code (IPC) and Unlawful Activities (Prevention) Act (UAPA).

The division bench of Justice Ajay Kumar Gupta and Justice Joymala Bagchi observed:

“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.”

The petitioner-accused was arrested on March 8, 2019 by STF and subsequently charge-sheeted 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.) and Section 20 (Punishment for being member of terrorist gang or organisation) of Unlawful Activities (Prevention) Act.

It was further alleged that the petitioner-accused was the member of JMB which was banned on May 23, 2019.

The petitioner approached the High Court seeking bail on the ground that he is in custody for more than four years and co-accused who were tried with the petitioner had pleaded guilty and were sentenced for a maximum period of five years and nine months.

It was submitted by the petitioner that he was arrested on March 8, 2019, and JMB was banned on May 23, 2019 therefore, he was not member of a banned organization at the time of his arrest.

The petitioner further submitted that only one witness has been examined in full and there is no possibility of trial concluding in the near future.

The counsel appearing for the State opposed the bail application on the ground that petitioner was a member of a banned organization and 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,” said the court.

The court also noted that the co-accused who had pleaded guilty had been awarded a maximum sentence of less than six years.

“Only one witness has been examined in full and another has been examined in part. There is little possibility of trial concluding in the near future. Under such circumstances, we are inclined to grant bail to the petitioner,” the court said.

Accordingly, the court granted bail to the petitioner on following conditions:

1. Upon furnishing a bond of Rs.25,000/- with two sureties of like amount each, one of whom must be local.
2. 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.
3. 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.
4. 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.

The court further said:

“In the event the petitioner fails to comply with the aforesaid conditions without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.”

Case Title: Manirul Islam v. The State of West Bengal

Citation: 2023 LiveLaw (Cal) 87

Coram: Justice Ajay Kumar Gupta and Justice Joymala Bagchi

Click Here to Read/Download Judgment