MUMBAI: The Supreme Court on Friday dismissed a special leave petition filed by the National Investigation Agency (NIA) to challenge the bail confirmed by the Bombay high court for Kalyan youth Areeb Majeed, accused of alleged Islamic State (IS) links following his visit to Syria.
A bench of Justices S Abdul Nazeer and A S Bopanna dismissed the agency’s challenge, upholding the bail granted in February to Majeed. Bombay high court had confirmed his bail on February 23 and he was released on March 5.
Majeed had been arrested on November 28, 2014, on arrival at Mumbai airport.
Observing the likelihood of his trial being delayed for a “considerable period”, the HC bench of Justices S S Shinde and Manish Pitale had confirmed bail that was granted by a special NIA court last year. The bench had cited his fundamental right to life in the context of the right to speedy trial.
The bail was for Rs 1 lakh with two solvent surety bonds in like amount.
The rigours under the Unlawful Activities (Prevention) Act that make granting of bail difficult in terror cases would “melt down when there is no likelihood of trial being completed in a reasonable time…,’’ said the HC bench, stressing on the aspect being “significant’’ in Majeed’s case given the time he has already spent behind bars.
The HC noted the “process of examining 51 prosecution witnesses has taken more than five years and there are 107 more witnesses” to be examined by NIA.
It, however, partly allowed an NIA plea by setting aside findings on merits of the case and upholding the bail only on the grounds pendency of trial and his incarceration.
