Gujarat High Court Approves Bail for Man Who Has Been in Jail for More Than 10 Years in Connection with 2013 Sabarmati Prison Break Attempt.

The Gujarat High Court has granted regular bail to a man involved in the 2013 Sabarmati prison break attempt. The court noted that he has been in jail for ten years and the trial is unlikely to conclude soon. The bail application was considered under Section 439 of the Code of Criminal Procedure, 1973. Justice Nirzar S. Desai stated that given the circumstances and the nature of the allegations, it was appropriate to grant bail, emphasizing that the applicant has been incarcerated since February 2013.

The applicant faced charges under Sections 130, 224, and 120 (B) of the Indian Penal Code, as well as Sections 42 and 45 of the Prisons Act, 1894, for allegedly attempting to escape from Sabarmati prison. The applicant’s lawyer argued that he was not involved in the alleged crime and requested bail with suitable conditions. Conversely, the state’s lawyer argued that the charges are serious and impact society, suggesting that bail should not be granted.

The Court took into account that the applicant has been in jail since February 2013 and is unlikely to have a trial soon. The Court decided to use its discretion to favor the applicant. “Given these facts, without going into the details of the evidence, this Court believes that this is a suitable case to grant regular bail,” the Court stated while setting appropriate conditions for the bail. The application was therefore approved.

Cause Title: Saqib Nisar vs. State of Gujarat (2024:GUJHC:60939)