Bombay High Court Grants Bail Decision

• Judicial Ruling: The Bombay High Court granted bail to Kafeel Ahmed Mohd Ayub in the Mumbai triple bomb blast case of 2011 after 13 years in prison without trial.
• Constitutional Reference: The court emphasized the right to a speedy trial under Article 21 of the Constitution of India, reaffirming that this right cannot be compromised by statutory restrictions when trials are prolonged.
• Court Observations: A Division Bench, consisting of Justices A.S. Gadkari and Ranjitsinha Raja Bhonsale, noted the “bleak” prospects of an early trial completion.
• Cited Precedents: The judges cited the Supreme Court ruling in Union of India vs K.A. Najeeb (2021), which allows constitutional courts to grant bail if prolonged incarceration violates fundamental rights.
• Trial Duration Stats:
  • Ayub has been in custody since February 22, 2012, initially arrested by Delhi Police and then by Maharashtra ATS.
  • Charges were framed against him on March 5, 2021, nearly nine years post-arrest.
  • Of the originally cited 700 witnesses, this was later reduced to 400; only 167 have been examined to date, with 233 still pending.
• Charges: Ayub is accused of providing shelter to co-conspirators, including Yasin Bhatkal, involved in the July 13, 2011, blasts that caused 27 fatalities and over 100 injuries.
• Bail Conditions: The High Court set specific conditions for Ayub's bail:
  • Furnishing a personal bond of ₹1 lakh.
  • Monthly reporting to the ATS.
  • Surrender of his passport.
  • Prohibition on leaving the trial court's jurisdiction without prior permission.
  • Restrictions against tampering with evidence or influencing witnesses.
• Future Proceedings: The trial court will assess the merits of the case separately, with the High Court's observations being prima facie in nature solely for the bail application.

This case reflects challenges within the judicial system regarding timely trials, prisoner rights, and the heavy burden of prolonged incarceration without conviction.