Introduction:
The Bombay High Court, on Friday, granted temporary bail to Sohail Salim Ansari, a convict serving a life sentence, to enable him to appear for the Maharashtra Common Entrance Test (MH-CET) scheduled on May 30, 2024. A vacation bench comprising Justice N.R. Borkar and Justice Somasekhar Sundaresan noted that Ansari has been in jail for nine years, and during his trial period on bail, he did not misuse the liberty granted to him. Considering these factors, the court decided to grant him temporary bail for one week.
Sohail Salim Ansari was convicted for the murder of Shiv Sena functionary Ramesh Baban Jadhav, an incident that took place on October 21, 2014, in Malad East, Mumbai. Following a trial, Ansari, along with three co-accused, was sentenced to life imprisonment by the Court of Sessions at Dindoshi on December 23, 2021, under Section 302 of the Indian Penal Code (IPC) for murder, among other charges.
Arguments:
Advocate Irfan Unwala, representing Ansari, argued that his client deserved temporary bail to take the MH-CET exam, presenting the admit card as evidence. Unwala emphasized that Ansari’s pursuit of education demonstrated his intent to rehabilitate and reintegrate into society. He highlighted Ansari’s good behavior during his bail period in the trial, arguing that the temporary bail would not pose any risk of misuse.
Assistant Public Prosecutor Prajakta Shinde opposed the bail request, citing the severity of Ansari’s crime and the prison authorities’ rejection of his furlough request. Shinde argued that granting bail to a convict with a serious offense might set a concerning precedent. She stressed the importance of maintaining the integrity of the judicial system and ensuring that convicts serve their sentences without interruptions unless there are compelling reasons.
Court’s Observation and Judgment:
The court noted Ansari’s clean record during the trial period on bail and his continuous nine-year imprisonment. Given that his appeal against the conviction was still pending, the judges found merit in Ansari’s request to temporarily leave prison for his educational pursuit. The bench observed that Ansari had not misused the liberty granted to him in the past and acknowledged the importance of education in the process of rehabilitation.
The court thus granted temporary bail for one week, requiring Ansari to furnish a cash bail of Rs. 15,000 before the Trial Court. This temporary bail allows him to take the MH-CET exam, crucial for his admission to the five-year law course. The court ordered that Ansari must return to Paithan Open Jail on May 31, 2024. Furthermore, the application for further consideration was scheduled before the Regular Court.