‘May send a wrong signal’: HC rejects bail plea of three accused in 2013 jailbreak case

While rejecting the plea Friday, the High Court, however, directed the Sessions Court “to expedite the trial and complete it as early as possible”. “If the court requires and deems it appropriate to conduct the trial on a day-to-day basis, in that case, the Sessions Court may conduct the trial daily to complete it at the earliest,” the High Court underlined. No timeline has been given for the completion of the trial by the HC.

The three accused – Raziyuddinnasar alias Abdulrehman alias Mohammedgaus alias Abuhajar alias Abdulrazzak, Nasirahmed Liyakatali Mohammedgaus Patel, and Nadeem Abdul Naeem Syed – have been in jail for over 10 years now.

Justice Nirzar Desai, while rejecting the bail plea, noted the three had “actively participated” in the conspiracy to dig the tunnel inside the jail barracks, attempting to run away from jail. “This court, prima facie, finds that this is a very serious offence and it was a very well-planned conspiracy which could not be executed the way it was planned,” stated the HC.

Since the objective of digging the tunnel was to escape, the court also took into consideration, the state’s apprehension that they may flee if granted bail.

“Further considering the nature of offence, if at this juncture, when the present applicants are charged with Section 130 of the Indian Penal Code which provides for punishment of life, if they are enlarged on bail that will send a wrong signal to the society and will encourage others also to hatch such kind of conspiracy and to make attempts to flee away from the jail that may ultimately affect overall law and order, situation and therefore, I do not see any reason to enlarge the present applicants on bail,” read Justice Desai’s order records made public Monday.

A total of 24 prisoners were charge-sheeted by the Ahmedabad Crime Branch after an FIR filed at the Ranip Police Station named 14 as accused.

Among the charges invoked against the 24 accused include the offence under IPC section 130, which can attract a maximum punishment of life imprisonment. Section 130 IPC pertains to the offence of aiding the escape of, rescuing, or harbouring a state prisoner or prisoner of war from lawful custody.

While arguing for bail before the court, the accused submitted they have undergone incarceration for over 10 years as undertrial prisoners (UTPs). The records of the trial proceedings, they said, have not yet been committed before the Sessions Court from the Magistrate Court and the trial is likely to take a long time.

The accused also said they have no criminal antecedents and were only accused in the 2008 Ahmedabad serial blasts but have been declared as acquitted from all the charges in February 2022.

The state prosecution opposed the bail application, submitting that considering that the accused who were instrumental in carrying out the serial blasts had tried to escape from jail with active participation from the three men, the prosecution apprehends that securing the presence of the three will be difficult if bail was granted as they hail from other states. The prosecution also pointed to the seriousness of the offence.