The Bombay High Court on Wednesday granted bail to Tariq Parveen, an alleged member of the fugitive gangster Dawood Ibrahim's syndicate. He was released in a case related to organised crime and extortion. The court cited his prolonged incarceration without trial as a violation of his constitutional rights, reported TOI.
Parveen was taken into custody in 2020 along with two others under the Maharashtra Control of Organised Crime Act (MCOCA) for allegedly threatening and extorting money from Saddiq Shaikh over a financial dispute linked to gold smuggling.
According to the FIR, Parveen and his associate, police informer Salim Maharaj, summoned Shaikh and his partner and assaulted them at gun point.
Justice Milind Jadhav keeping Parveen in custody for five years without the conclusion of the trial amounted to "surrogate punishment," violating his fundamental right to life and personal liberty under Article 21 of the Constitution.
The court further noted that the investigation was complete and a charge sheet was filed, but the trial made no headway, with five key prosecution witnesses still to be examined. The judge also cited the impact of the Covid-19 pandemic on the pace of proceedings but held that even after accounting for this, the delay was unjustified.
The judge also noted the poor state of jails in Mumbai, stating that barracks sanctioned for 50 inmates are currently housing between 220 and 250 prisoners. "Prisons are overcrowded, and courts are obligated to safeguard the liberty of undertrial prisoners when trials stretch into perpetuity," the court observed, reaffirming that in such cases, "bail is the rule, and refusal is the exception."
Quoting several Supreme Court judgements, the High Court stressed that undertrial prisoners often suffer irreversible personal, social, and financial harm during prolonged detentions, with no provision for compensation if ultimately acquitted.
Parveen was taken into custody in 2020 along with two others under the Maharashtra Control of Organised Crime Act (MCOCA) for allegedly threatening and extorting money from Saddiq Shaikh over a financial dispute linked to gold smuggling.
According to the FIR, Parveen and his associate, police informer Salim Maharaj, summoned Shaikh and his partner and assaulted them at gun point.
Justice Milind Jadhav keeping Parveen in custody for five years without the conclusion of the trial amounted to "surrogate punishment," violating his fundamental right to life and personal liberty under Article 21 of the Constitution.
The court further noted that the investigation was complete and a charge sheet was filed, but the trial made no headway, with five key prosecution witnesses still to be examined. The judge also cited the impact of the Covid-19 pandemic on the pace of proceedings but held that even after accounting for this, the delay was unjustified.
The judge also noted the poor state of jails in Mumbai, stating that barracks sanctioned for 50 inmates are currently housing between 220 and 250 prisoners. "Prisons are overcrowded, and courts are obligated to safeguard the liberty of undertrial prisoners when trials stretch into perpetuity," the court observed, reaffirming that in such cases, "bail is the rule, and refusal is the exception."
Quoting several Supreme Court judgements, the High Court stressed that undertrial prisoners often suffer irreversible personal, social, and financial harm during prolonged detentions, with no provision for compensation if ultimately acquitted.
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