Javed Gulam Nabi Shaikh Vs State of Maharashtra and Another (Supreme Court of India)
The Supreme Court allowed the appeal against the Bombay High Court order dated 5 February 2024 refusing bail to the appellant, who was prosecuted under the Unlawful Activities (Prevention) Act, 1967. The appellant had been in custody for more than four years, while the trial court had not even proceeded to frame charges and the prosecution proposed to examine not less than 80 witnesses.
The case arose from the alleged recovery of 1,193 counterfeit ₹2,000 currency notes from the appellant on 9 February 2020. The prosecution alleged that the counterfeit currency had been smuggled from Pakistan to Mumbai. The investigation was subsequently taken over by the National Investigation Agency (NIA).
While considering bail, the Supreme Court emphasised the constitutional right to speedy trial under Article 21 and reiterated that bail cannot be withheld as a punishment. The Court referred to Javed Gulam Nabi Shaikh v. State of Maharashtra and Another as part of its jurisprudential discussion and relied on earlier decisions concerning bail, speedy trial and prolonged incarceration.
The Court also considered Section 19 of the National Investigation Agency Act, 2008, which requires trials under the Act before a Special Court to be conducted on a day-to-day basis and given precedence over other trials. It held that the manner in which the prosecution and Court had proceeded resulted in infringement of the appellant’s right to speedy trial. The appeal was accordingly allowed, the impugned High Court order was set aside and the appellant was directed to be released on bail, subject to conditions imposed by the trial court and additional conditions prescribed by the Supreme Court.
Background of the Case
The appellant was apprehended by Mumbai Police of DCB CID Unit VIII on 9 February 2020 at a bus stop at Terminal II, Chhatrapati Shivaji Maharaj International Airport, Andheri. A search resulted in recovery of 1,193 counterfeit Indian currency notes of ₹2,000 denomination from his bag. He was arrested and an FIR was registered at Sahar Police Station for offences under Sections 489B, 489C and 120B read with Section 34 of the Indian Penal Code.
