Mumbai, May 14 (PTI) Noting that long-term detention of an undertrial prisoner violates his fundamental right to speedy trial under Article 21 and amounts to “pre-trial punishment”, the Bombay HC has granted bail to Tariq Parveen, a close aide of Dawood Ibrahim, who had been in jail for five years.
The high court took into account long incarceration and non-completion of the trial in the foreseeable future, observing that an “accused is innocent until proven guilty” rule of criminal jurisprudence cannot be taken lightly.
Parveen, arrested in a 2020 extortion case, was released from the Taloja prison in Navi Mumbai on Wednesday.
A bench of Justice Milind Jadhav in the May 8 order noted that the long-term detention of an undertrial prisoner violates his fundamental right to speedy trial flowing from Article 21 of the Constitution.
Parveen had been in jail for five years, and there is no possibility of the trial concluding in the near foreseeable future, the bench said.
“Detaining an undertrial prisoner for such an extended period further violates his fundamental right to speedy trial flowing from Article 21 of the Constitution,” the court said.
The bench said detaining an undertrial person in prison for a long period only serves to legitimise the award of “surrogate punishment” to that person without trial, which amounts to pre-trial punishment.
Parveen had sought bail in the extortion case registered against him under the Indian Penal Code and the Maharashtra Control of Organised Crime Act (MCOCA), citing long incarceration and non-completion of trial in the foreseeable future.
Justice Jadhav stated that the “accused is innocent until proven guilty” is the principle rule of criminal jurisprudence.
“This rule cannot be taken lightly, especially when liberty of an undertrial accused person has been at stake for over five years,” the bench said.
The high court further said Parveen’s complicity in the crime can certainly be proved at the trial after adequate evaluation of evidence. If found guilty, he will face the appropriate punishment.
“At this prima facie stage, I am inclined to consider the applicant’s application for bail solely due to his long incarceration pending trial coupled with parity,” Justice Jadhav said.
The court granted bail to Parveen on a surety of Rs 25,000. PTI SP NSK
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