The Bombay High Court on Tuesday granted bail to Farooq Shaukat Bagwan, one of the accused in the 2012 Pune serial blasts case, noting that he had already spent more than twelve and a half years in custody without conclusion of trial. The division bench of Justices A.S. Gadkari and Rajesh S. Patil quashed a 2021 order of the special MCOCA court that had earlier rejected his bail plea.
Background
On August 1, 2012, a series of low-intensity blasts shook Pune city, injuring one person and spreading panic. The Anti-Terrorism Squad (ATS) later claimed that the explosions were planned as revenge for the killing of Indian Mujahideen operative Qateel Siddique inside Yerwada Jail. Nine individuals were arrested in connection, including Bagwan, who was picked up in December 2012.
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According to investigators, Bagwan allegedly created forged documents used for obtaining SIM cards and allowed his shop to be used by co-accused for planning. He was booked under several stringent laws including the Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organised Crime Act (MCOCA).
Court’s Observations
During the hearing, Bagwan’s counsel argued that he had remained behind bars for over 12 years while only 27 of the 170 prosecution witnesses had been examined. The defence also stressed that a co-accused, Munib Memon, who faced similar allegations, had already been granted bail by another bench.
The State opposed the plea, citing Bagwan’s alleged role in aiding the conspiracy. However, the bench pointed out the extraordinary delay in trial and invoked the principle of parity with Memon. Referring to a Supreme Court ruling in Union of India vs K.A. Najeeb, the judges said, The rigours of special laws melt down where there is no likelihood of trial being completed within a reasonable time.
The bench further remarked, “The right to a speedy trial of an accused is a fundamental right under Article 21 of the Constitution. Continued incarceration, in these circumstances, cannot be justified.”
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Setting aside the special court’s order, the High Court directed Bagwan’s release on bail. He has been ordered to execute a bond of ₹1 lakh with sureties, surrender his passport, and report to the ATS office on the first Saturday of every month until the trial concludes. The court also restricted him from leaving Mumbai and Pune districts without prior permission and cautioned that any violation could lead to cancellation of bail.
With this order, Bagwan is expected to walk free after spending over a decade in judicial custody, though the trial in the Pune blasts case is still pending.
Case Title (English): Farooq Shaukat Bagwan vs The State of Maharashtra
Case Number: Criminal Appeal No. 300 of 2024
