Mumbai: The trials are taking perpetuity to conclude and prisons are also simultaneously overcrowded, the Bombay High Court noted while allowing bail plea of former Bhiwandi-Nizampura Municipal Corporation corporator in an alleged kidnapping and extortion case.
The court highlighted the challenge of balancing an undertrial’s right to liberty with the need for judicial scrutiny in serious cases. It noted that many trials take an excessive amount of time to conclude, leading to prolonged detention of undertrials. Referring to a report on Mumbai Central Prison, the court observed that barracks designed for 50 inmates currently house 220–250 prisoners, making fair detention conditions nearly impossible.
Justice Milind Jadhav, on Friday, granted bail to former corporator Mohammad Khalid Mukhtar Ahmed Shaikh, who was arrested in 2020, on the grounds of prolonged incarceration of undertrials and the alarming state of overcrowded prisons.
Shaikh had been in custody since September 25, 2020, for allegedly demanding protection money from a builder, Takweem alias Guttu Ajaz Khan, during a 2014 redevelopment project in Bhiwandi. Khan claimed he was forced to pay Rs 4 lakh per slab and Rs 1.75 lakh for cricket tournaments in Shaikh’s constituency. He also alleged that he was coerced into providing a Hero Honda motorcycle as a prize in 2016.
In 2019, when Shaikh contested the Assembly elections as an AIMIM candidate, Khan accused him of kidnapping him at gunpoint and demanding Rs 50 lakh. Fearing for his safety, Khan later gathered evidence and filed a complaint in August 2020. A month later, Shaikh was arrested in a trap set by the Crime Branch while allegedly accepting Rs 2 lakh.
Shaikha’s advocate Niranjan Mundargi argued that the case suffered from significant delays. He pointed out that the first alleged extortion incident occurred in 2014, yet the complaint was filed only in 2020. He also noted that the gun allegedly used in the kidnapping was a plastic toy pistol and that forensic analysis of the complainant’s recordings showed no recoverable data, casting doubt on the prosecution’s case.
State’s advocate Savita Yadav strongly opposed bail citing Shaikh’s 20 criminal antecedents and the risk of witness intimidation. Khan’s lawyer, Rajendra Rathod, also opposed the plea, calling Shaikh an influential politician with a history of extortion.
The court observed that despite serious charges, no charges had been framed against Shaikh, and there was no indication of an imminent trial. The court also took note of the fact the complaint was registered after six years and that no data was recovered by the forensic labs from the data submitted by Khan.
Justice Jadhav hence granted bail to Shaikh on a Rs 1 lakh personal bond with conditions, including regular police station visits and restrictions on entering Bhiwandi until the trial is complete.
