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Synopsis

A Division Bench of the Bombay High Court comprising Justice Revati Mohite Dere and Justice Sharmila U. Deshmukh has rejected the bail plea of Munib Memon who was accused of being involved in the Pune Bombing Case of 2012.

The Counsel appearing on behalf of the appellant argued that the appellant has been in jail for more than 9 years and that there is a delay in trial. He also argued that the appellant does not have any criminal antecedents and that he was just an employee at the tailoring shop of one of the accused and had no role to play in the commission of the offence. Further, the counsel argued that the prosecution is intending to examine 107 witnesses which will take time, and therefore, the appellant should be granted bail.

The Special Public Prosecutor opposed the bail plea of the appellant and submitted that the confessional statements of the co-accused showed that the appellant was involved in the bombing. He also argued that the appellant was assigned a specific task to procure sim cards and bogus documents for the commission of the offence and that the CDR record shows that the appellant was in touch with the co-accused.

The Court while denying bail to Menon noted that:

“Considering the confessional statements and what is stated aforesaid, prima facie, it is difficult to come to a conclusion that there are no reasonable grounds for believing that the appellant is not guilty of the offenses with which he is charged, as mandated by Section 21(4) of the MCOC Act. Similarly, the material on record shows that there are reasonable grounds for believing that the accusation against the appellant is prima facie true, and hence Section 43(D)(5) of the Unlawful Activities (Prevention) Act, would also apply.”

The court also took note of the delay in trial and the right to speedy justice of the accused under Article 21 and directed the trial court to conclude the trial by December 2023.

Background: The case pertains to the four bombings at 4 locations in Pune by placing the bombs in baskets of the bicycles. The case was initially investigated by the Maharashtra ATS who had arrested Memon and 9 others and was later transferred to the National Investigation Agency. It was alleged that the four bombings were carried out to avenge the death of Quatil Siddique who was arrested for conspiring for triggering blasts at a temple in Pune and was later killed by two inmates in the Yerwada Jail.

Case title: Munib Memon versus State of Maharashtra