Supreme Court grants bail to Nepal national accused in fake currency case after 9 years in jail
Justices JB Pardiwala& Ujjal Bhuyan [18-07-2024]

Read Order: SHEIKH JAVED IQBAL @ ASHFAQ ANSARI @ JAVED ANSARI v. STATE OF UTTAR PRADESH[SC- CRIMINAL APPEAL NO. 2790 OF 2024]

LE Correspondent

New Delhi, July 18, 2024: The Supreme Court has granted bail to a Nepalese national who has been in custody in Uttar Pradesh for over 9 years in connection with a case related to possession and circulation of fake Indian currency notes.

Sheikh Iqbal Javed was arrested in February 2015 by the Uttar Pradesh Anti-Terrorism Squad (ATS) from the Indo-Nepal border and charged under Sections 489B and 489C of the Indian Penal Code (IPC) and Section 16 of the Unlawful Activities (Prevention) Act, 1967. Fake currency notes totaling Rs. 26,03,500 were allegedly recovered from his possession.

A division bench of Justice J B Pardiwala and Justice Ujjal Bhuyan noted that although the charges against the accused are grave, his continued incarceration cannot be justified, especially when the trial is proceeding at an extremely slow pace. As per the impugned High Court order, evidence of only two witnesses has been recorded in the case so far.

The Supreme Court observed that an accused has a fundamental right to speedy trial under Article 21 of the Constitution. Bail cannot be denied only on the ground that the charges are serious when there is no end in sight for the trial to conclude. The Top Court also distinguished certain earlier judgments which had taken a stricter view on bail in cases under special laws like UAPA and NDPS Act.

While granting bail, the Top Court has imposed certain conditions on the accused, including impounding of his passport, restriction on leaving the territorial jurisdiction of the trial court without permission, periodic appearance before the police and the court, and prohibition on tampering evidence or threatening witnesses.