The Bombay High Court has granted bail to Tariq Parveen, a close aide of underworld figure Dawood Ibrahim, citing prolonged incarceration and violation of his fundamental right to a speedy trial under Article 21 of the Constitution. Parveen had been lodged in Taloja prison, Navi Mumbai, for over five years without the conclusion of his trial.
A single-judge bench of Justice Milind Jadhav, in an order dated May 8, stated that detaining an undertrial prisoner for such an extended period amounts to “pre-trial punishment” and violates the principle of presumption of innocence. The court observed that there was no foreseeable conclusion of the trial in the near future.
“An accused is innocent until proven guilty is the principle rule of criminal jurisprudence. This rule cannot be taken lightly, especially when liberty of an undertrial accused person has been at stake for over five years,” the court remarked.
Parveen had sought bail in connection with a 2020 extortion case registered against him under the Indian Penal Code and the Maharashtra Control of Organised Crime Act (MCOCA). The high court noted that his long-term detention, coupled with delays in trial proceedings, amounted to “surrogate punishment” without a formal conviction.
“Detaining an undertrial prisoner for such an extended period further violates his fundamental right to speedy trial flowing from Article 21 of the Constitution,” Justice Jadhav added.
The bench also acknowledged that while Parveen’s alleged role in the crime could be proved at trial after proper evaluation of evidence, pre-trial incarceration of such length undermines the core principles of justice. “If found guilty, he will face the appropriate punishment,” the court clarified.
Parveen was released on Wednesday after the court allowed his bail application, setting a surety bond of ₹25,000.
