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The bench observed that since speedy trial is recognised as fundamental rights the accused were entitled to bail
The Bombay High Court has recently granted bail to five persons who were arrested by Maharashtra ATS for allegedly plotting an attack at the 2017 Sunburn Festival in Pune.
The division bench of the high court, comprising Justice Bharathi Dangre and Justice Manjusha Deshpande, was hearing an appeal against the order of a special court denying them bail.
The prosecution contended that the five persons belonged to right-wing groups 'Sanathan Sanstha' and 'Hindu Janjagruti Samiti', which planned to oppose anti-Hindu elements in society and decided to target the festival.
The prosecution alleged that the five persons planned to pelt stones and throw petrol bombs during the festival.
The bench, while granting bail, noted that the Sunburn program was successfully completed without any disturbance. The arrest in the present case was made in the first week of August 2018, i.e., eight months after the program was over.
The bench also observed that since speedy trial is recognised as fundamental rights the accused were entitled to bail.
"Though an attempt was made to submit before us that the trial has commenced, it is informed that only two witnesses are examined out of 417 witnesses and the chances of timely completion of trial appear to be bleak. For the aforesaid reason, since the speedy trial has received a recognition of fundamental right of a person facing accusations and being subjected to trial and since all the Appellants are incarcerated since 2018, we pass the following order," the order reads.
Case title: Sujith Kumar Rangaswami & Ors vs State of Maharashtra
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