2 weeks ago
2011 Mumbai Blasts Accused Gets Bail After 15 Years
In 2011, three bombs exploded in the city of Mumbai, India, during the busy evening rush hour.
Sadly, 27 people died and more than 130 were hurt.
A man named Zainul Shaikh was arrested and accused of being part of the attack.
He sat in jail for almost 15 years while the trial slowly moved forward.
The judge decided that such a very long time in jail before a final answer was unfair.
He also noticed that two other people in the same case had already been let out for the same reason.
So Shaikh was allowed to leave jail, but with strict rules.
He had to pay a surety bond and promise not to bother witnesses or leave the area.
Being let out on bail does not mean he is innocent or guilty; it just means he will wait for the rest of the trial outside jail.
A special MCOCA court in Mumbai granted bail to Zainul Shaikh, an accused in the 2011 Mumbai serial bomb blasts, after nearly 15 years in custody.
The court based its decision on prolonged incarceration as an undertrial prisoner and the principle of parity with co-accused already released on bail.
The July 13, 2011 blasts, coordinated explosions at Opera House, Zaveri Bazaar and Dadar, killed 27 people and injured over 130.
Special public prosecutor Ajay Misar opposed bail, citing confessional statements, CCTV footage and 227 witnesses already examined in the trial.
The court ordered Shaikh to execute a Rs 1,00,000 bond with solvent local sureties and imposed conditions barring evidence tampering and leaving jurisdiction without permission.
- Who
- Zainul Shaikh, accused in the 2011 Mumbai serial bomb blasts, represented by advocate Wahab Khan; special MCOCA court judge Satyanarayan R Navander presided, and special public prosecutor Ajay Misar opposed the bail plea.
- What
- Shaikh was granted bail after nearly 15 years of incarceration as an undertrial prisoner, based on prolonged detention and the principle of parity with co-accused.
- Where
- Mumbai, India, before a special court hearing cases under the Maharashtra Control of Organised Crime Act (MCOCA).
- When
- Bail was granted on a Wednesday; Shaikh had been in judicial custody since 2012 following the blasts of July 13, 2011.
- Why
- The court cited the extraordinary length of incarceration and constitutional considerations regarding personal liberty, noting co-accused had been released on the same grounds.
Defence Perspective
Prosecution Perspective
Prolonged detention vs trial progress
Defence Perspective
Nearly 15 years in jail without a final verdict is unconstitutional, and the principle of parity requires the same treatment as co-accused already granted bail.
Prosecution Perspective
The trial has substantially progressed with 227 witnesses examined, so an early conclusion is likely and the grounds for prolonged incarceration no longer carry the same force.
Evidence against the accused
Defence Perspective
There is no substantive evidence to establish Shaikh's involvement in the blasts.
Prosecution Perspective
There is ample material against him, including confessional statements and CCTV footage.
Key facts
- Accused
- Zainul Shaikh
- Court
- Special MCOCA court, Mumbai
- Presiding Judge
- Satyanarayan R Navander
- In custody since
- 2012
- Blasts date
- July 13, 2011
- Casualties
- 27 killed, over 130 injured
- Bail bond
- Rs 1,00,000 with solvent local sureties
- Witnesses examined
- 227
Quotes
Special Judge Satyanarayan R Navander
Special judge presiding over the MCOCA case
“However, this circumstance by itself cannot obliterate the fact that the applicant has already undergone nearly fifteen years of incarceration as an undertrial prisoner.”
rediff.com
Sources
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