2012 Pune serial blasts case: Bombay HC grants bail to accused on grounds of parity, pre-trial incarceration of over 12 years

The High Court held that the role attributed to Bagwan in the present crime was similar to that of co-accused Munib Memon, who was granted bail in September last year; therefore, “the principle of parity with Memon squarely applies to Bagwan,” and he was entitled to be released on bail.

“It is thus clear that the possibility of trial concluding in the near future appears to be remote. It is by now a well-settled principle of law that the right to a speedy trial of an accused is a fundamental right under Article 21 of the Constitution of India. In view of the above, the Appellant is entitled to be released on bail during the pendency of the said trial,” the court held.

The serial bomb blasts took place within minutes on August 1, 2012, at Jangli Maharaj Road in Pune, injuring one person. The bomb detection and disposal squad defused an unexploded bomb.

The Maharashtra Anti-Terrorism Squad (ATS) arrested eight men, including Bagwan, for their alleged involvement in the case and were charged under provisions of the Indian Penal Code (IPC), Unlawful Activities Prevention Act (UAPA), Maharashtra Control of Organised Crime Act (MCOCA), Explosive Substances Act, and the Arms Act.

Advocate Mubin Solkar, appearing for Bagwan, argued that his client was arrested on December 26, 2012, and was behind bars for over 12 and a half years without conclusion of the trial; therefore, he was entitled to be released on bail along with the ground of parity with the co-accused, who was granted bail.

However, Additional Public Prosecutor Vinod Chate, representing the Maharashtra Anti-Terrorism Squad (ATS), opposed the appeal, claiming that Bagwan had prepared forged documents on his computer, which Memon subsequently used to obtain SIM cards for mobile phones and also permitted. Chate added that Bagwan also provided his shop premises to the co-accused for planning the series of bomb blasts; therefore, considering his role in the crime, his bail plea was required to be dismissed.

After perusing submissions, the bench observed that apart from the present crime, Bagwan did not have any other criminal antecedents, and there was no murder charge lodged against any accused in the present case. The court noted that some of the offences with which Bagwan was charged contained a sentence of five years, and a maximum sentence of imprisonment for life.

Justice Gadkari also considered grounds of parity and pre-trial incarceration of over 12 years, and quashed and set aside the impugned special court order.

The Bombay High Court granted bail to Bagwan on executing a personal bond of Rs 1 lakh with sureties of the same amount and directed him to report to ATS, Mumbai, every month till the conclusion of the trial. He was also directed to surrender his passport, and not to leave the Mumbai and Pune districts until the conclusion of the trial without prior permission of the trial court.