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Shoma Kanti Sen vs. The State of Maharashtra & Anr.

Not available · 2024 INSC 269Decided 5 Apr 2024
Not available
Justice Aniruddha Bose · Justice Augustine George Masih

Background

The appellant, an activist, was arrested on 6 June 2018 in connection with an FIR originally registered over violence that broke out following the Elgar Parishad event held at Shanivarwada, Pune, on 31 December 2017, and the related Bhima Koregaon violence. She was not initially named in the FIR, but after police raided the homes of several other activists and found what they described as material pointing to a larger conspiracy allegedly linked to the banned CPI (Maoist) organisation, the investigation was expanded to include serious charges under the Unlawful Activities (Prevention) Act, 1967 (UAPA), including Section 13. She sought bail, which the Bombay High Court had earlier declined to grant outright, instead directing her to approach the Trial Court afresh.

Decision Breakdown

The Supreme Court examined whether the strict bail-restricting provision, Section 43D(5) of the UAPA (which requires courts to be satisfied there are no reasonable grounds the accusation is prima facie true before granting bail), applied to the appellant's case, and found on the materials on record that it did not apply to her in the manner the prosecution contended. Having found the stringent bar inapplicable, the Court then assessed her situation independently (noting her advanced age, poor health, the prolonged delay in framing charges, and the length of time she had already spent in custody) and concluded that, on the composite effect of these factors, she should not be denied bail. The Court clarified that its observations on the merits of the allegations were only prima facie and would not bind the eventual trial. It set aside the High Court's order and directed her release on bail, subject to strict conditions including surrendering her passport, restricting travel outside Maharashtra, mandatory GPS-tracked mobile phone location sharing with the investigating agency, and fortnightly reporting to the local police station.

Lesson Learnt

Even under stringent anti-terror bail laws like the UAPA, courts must independently assess whether the strict statutory bar to bail actually applies on the facts of each accused's case, and factors such as prolonged pre-trial detention, advanced age, and health can tip the balance in favour of bail, though often together with strict monitoring conditions.

Official source (sci.gov.in)View Judgment (PDF)

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