People stand outside closed jewelery shops at Zaveri Bazaar, one of the sites of the triple blasts, in Mumbai July 15, 2011. | Photo credit: Reuters
The Bombay High Court on Tuesday (November 4, 2025) granted bail to Kafeel Ahmed Mohd Ayub, an accused in the 2011 Mumbai triple bomb blast case, after spending more than 13 years in jail without trial. The court said that the right to a speedy trial under Article 21 of the Constitution cannot be sacrificed by a statutory limitation unless the trial shows signs of premature termination.
A division bench of justices AS Gadkari and Ranjitsinha Raja Bhonsale set aside the special MCOCA court’s order of February 2022 which rejected Ayub’s bail application. “In our view, the prospect of concluding the trial of this case in the near future is bleak,” the Bench observed, noting that Ayub, now 65, was suffering from age-related ailments.
The judges emphasized that “speedy and expeditious trial is an aspect of the right to life as enshrined in Article 21 of the Constitution of India”. They relied on the Supreme Court’s decision in Union of India vs KA Najeeb (2021), which held that constitutional courts can grant bail if long-term imprisonment violates fundamental rights.
Referring to the apex court, the Bench observed: “The rigor of these provisions dissolves where the trial is not likely to be completed within a reasonable time and the period of imprisonment exceeds the substantial part of the sentence prescribed.”
The High Court added: “Had this been a threshold case, we would have clearly rejected the respondent’s prayer. However, in view of the length of time he has spent in custody and the improbability that the trial could be concluded any time soon, it appears that the High Court is left with no option but to grant bail.”
2011 Mumbai triple blast
Ayub, a resident of Mohalla Shivdhara in Darbhanga, Bihar, was arrested on 22 February 2012 by the Delhi Police and later taken into custody by the Maharashtra ATS on 19 May 2012. He is accused of harboring co-conspirators, including Yasin Bhatskala, before or after July 1 at Opera House, Opera House 1, Zaveri Bazaar and Dadar’s Kabutarkhana on July 1, which killed 27 people and injured more than 100.
“The prima facie role attributed to the petitioner is that of providing shelter to the co-accused either before or after the commission of the alleged offence,” the court observed.
Charges were not filed until March 5, 2021, nearly nine years after his arrest. The prosecution initially called 700 witnesses, later reducing the number to 400. Only 167 have been heard so far, 233 are still pending.
“In the last more than 4.5 years, the prosecution has examined only 167 witnesses,” the Bench said, adding that the prospect of an early conclusion to the trial was “bleak”.
The court ordered him to furnish a personal bond of ₹1,000 with local sureties and abide by strict conditions, including reporting to the ATS monthly, surrendering his passport and not leaving the court’s jurisdiction without permission. He is also not allowed to tamper with evidence or influence witnesses and attend all court proceedings unless exempted.
The court observed: “It is made clear that the submissions made herein are prima facie in nature and serve only to decide the Bail Application.” The court of first instance will rule on the merits of the case, the court said.
Published – November 5, 2025 0:57 AM IST
