New Delhi: The Supreme Court on Tuesday granted bail to an alleged Popular Front of India (PFI) member, saying he cannot be allowed to languish in jail indefinitely without a trial.
A bench of Justices Abhay S Oka and Augustine George Masih observed the statement of a "protected witnesses" did not mention anything specific that would be attributed to the accused which could prima facie attract charges under the Unlawful Activities (Prevention) Act.
"There can be no doubt that the trial is not likely to complete soon, and as has been laid down by various judgments of this court as has been referred to above, the appellant cannot be allowed to languish in jail indefinitely and that too without a trial. If such an approach is allowed Article 21 of the Constitution of India would stand violated," the bench said.
Allowing the appeal, the bench directed that the appellant should be enlarged on bail on appropriate terms and conditions to be fixed by the special court. The court further held that the appellant should be produced before the special court within a maximum period of seven days from Tuesday.
"The special court shall enlarge the appellant on bail until the conclusion of the trial on appropriate terms and conditions after hearing the counsel for the respondent," it said.
The bench was hearing an appeal filed by one Athar Parwez, who was arrested in July 2022, challenging a November 2023 order of the Patna High Court denying him bail in the case. Parwez was accused of planning disturbance during Prime Minister Narendra Modi's proposed visit to Patna in 2022.
The bench noted the chargesheet was filed in January, 2023, by the National Investigation Agency (NIA) in the case but charges hadn't been framed yet. It noted there were 40 accused and the prosecution cited 354 witnesses.
According to the prosecution, Parwez was arrested after a raid on his rented accommodation in Patna on July 11, 2022, and police claimed of seizing some documents showing that he and others aimed to disrupt the country’s sovereignty. The investigation in the case was subsequently transferred to the NIA, which filed its final report in January, 2023.
The apex court said there were "some doubts" over the recovery of the alleged incriminating documents as Parwez rented only the first floor, but the documents were recovered from the second floor. It also noted that another co-accused was granted bail on similar grounds.
