It is injustice to keep an accused in custody for years while the case is still pending

Mumbai High Court reprimands ED

Mumbai – Mumbai High Court told the ED that keeping an accused in custody for so many years while the case is still pending, is injustice. The Court approved bail for the accused who was in the custody for 5 years. The accused is under house arrest since 2019. ED requested the Court that the period already spent in the custody should not be counted in the total period of 7 years’ jail, in such cases. The Court dismissed ED’s request. The name of the accused is Mohammad Farooq Mahammad hanif Sheikh aka Farooq Sheikh. The Division Bench of Justice Ajay Gadkari and Justice Shyam Chandak has given bail to Sheikh on personal bond of Rs 1 lakh. The Court also directed that Sheikh should not leave Mumbai without the permission of the Court and should give his home address and mobile no. to the investigating officer of ED.

Sheikh was arrested in 2018 in the case of money laundering. He is in the Police custody for last 5 years and 8 months. The offence he has committed carries a sentence of 7 years in prison. Since his offence could not be proved, a senior advocate Rajeev Chavan had appealed for his bail. Considering the case, the Court noted that the Constitution protects individual liberty of every citizen. Years of detention amounts to taking away personal freedom. The offence which Sheikh has committed carries a sentence of 7 years in prison, out of this period he has already completed more than half the time in house arrest. This duration is akin to served the sentence.