Nihal@Arin Farooq Sayyad v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3138 OF 2023 Nihal @ Arin Farooq Sayyad ...Applicant
Versus
The State of Maharashtra
...Respondent
------------------------------------- Ms. Shreya Anuwal i/by Mr. Amit Icham, for the Applicant. Mr. C.D. Mali, A.P.P. for the Respondent - State. Mr. Krushna Keshv Disale, (P.S.I.), Karad Police Station, Present.
--------------------------------------
CORAM
: MADHAV J. JAMDAR, J.
DATED : 12th DECEMBER, 2024 PC:- 1.
Heard learned Advocate Ms. Shreya Anuwal along with Mr.Amit Icham, learned Counsel appearing for the Applicant and Mr. Mali, learned A.P.P. for the RespondentState. 2.
At the outset, learned Counsel appearing for the Applicant states that the Applicant is not seeking bail on merits and the Applicant is seeking bail only on the ground of long incarceration.
Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2024.12.12 17:56:11 +0530 SAJAKALI LIYAKAT JAMADAR
3.
Mr. Mali, learned A.P.P. strongly opposes the bail Application. He submits that there are eye witnesses to the incident. Statements of witnesses recorded under Section 164 of the Code of Criminal Procedure, 1973 clearly shows the involvement of the Applicant in the crime. There is one antecedent bearing C.R. No.33 of 2020 registered under Section 279 and 337 of the Indian Penal Code and Section 284 of the Motor Vehicles Act, 1988. He therefore submits that the Bail Application may be rejected.
4.
The relevant details are as follows:- C. R. No.
688/2020 Date of registration of F.I.R.
16/12/2020 Name of Police Station Karad City Police Station, Dist. Satara.
Section/s invoked 302, 120-B, 201 r/w Section 34 of the Indian Penal Code.
Date of incident 15/12/2020 at 10:15 p.m.
Date of arrest 17/12/2020 Date of filing Charge-sheet 15/03/2021 5.
Perusal of record shows that the incident in question took place on 15.12.2020. The First Information Report is
registered on 16.12.2020, the Applicant is arrested on 17.12.2020 and the Charge-sheet is filed on 15.03.2021. Till date, i.e. after a period of about 4 years, there is no progress in the trial and even the charge is also not framed. There are about 42 witnesses proposed to be examined by the prosecution. Therefore, it is clear that the trial will take a considerably long time. The Applicant is incarcerated since 4 years. There is no further progress in the trial. 6.
Speedy trial is one of the facets of right to life and liberty guaranteed under Article 21 of the Constitution of India. Speedy trial is an essential ingredient of "reasonable, fair and just" procedure guaranteed by Article 21 and it is the constitutional obligation of the State to device such a procedure as would ensure speedy trial to the Accused.1 Therefore, the Applicant is entitled for bail. If the Applicant's detention is continues, it will amount to an infringement of his fundamental right under Article 21 of the Constitution of India of speedy trial.
Hussainara Khatoon (IV) v. Home Secy., State of Bihar, (1980) 1 SCC 98
7.
Ms. Anuwal, learned Counsel appearing for the Applicant states that the Applicant will stay at C/o. Firojkhan Mahammadali Denge, House No.Bh 426, Zari Road, Rajapur, Taluka Rajapur, District-Ratnagiri - 416 702. 8.
The Applicant does not appear to be at risk of flight. 9.
Accordingly, the Applicant can be enlarged on bail by imposing conditions. In view thereof, the following order
O R D E R
(a) The Applicant-Nihal @ Arin Farooq Sayyad be released on bail in connection with C.R. No.688 of 2020 registered with the Karad City Police Station, District-Satara on his furnishing P.R. Bond of Rs.50,000/- with one or two solvent sureties in the like amount.
(b) The Applicant shall not enter the DistrictSatara, after being released on bail, except for reporting to the Investigating Officer, if called and for attending the trial.
(c) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(d) The Applicant shall report to the Rajapur City Police Station, Rajapur, District Ratnagiri, once in 15 days i.e. on 1st and 3rd Sunday of every month between 11.00 a.m. and 1.00 p.m. till the conclusion of the trial. The Police Inspector of Rajapur City Police Station, Rajapur, District Ratnagiri, to communicate details thereof to the Investigating Officer.
(e) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.
(f) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.
(g) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.
(h) The Applicant shall surrender his passport, if any, to the Investigating Officer.
10.
The Bail Application is disposed of accordingly.
11.
It is clarified that the observations made herein are prima facie and the trial Court shall decide the case on its own merits and uninfluenced by the observations made in this Order.
[MADHAV J. JAMDAR, J.]