Prolonged pre-trial custody in a TADA case justified bail, with strict reporting, travel, and bond conditions.

In a TADA matter, prolonged pre-trial custody weighed in favour of bail because the accused had remained incarcerated since 16-7-1992, an early trial had not materialised, no regular TADA Court was functioning at Bombay, and further time was needed before trial could begin. The Court treated continued detention pending an uncertain commencement of trial as unjustified and granted bail, but only with strict safeguards, including weekly police reporting, a travel restriction without permission, surrender of travel documents, and execution of bond.

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Issues: Whether bail should be granted to an accused in a TADA case where the trial had not commenced for a prolonged period.

Analysis: The accused had remained in custody since 16-7-1992, bail had earlier been declined on the expectation of an early trial, and the Court noted that no regular TADA Court was functioning at Bombay and that further time would be required before the trial could begin. In these circumstances, continued incarceration pending an uncertain commencement of trial warranted release on bail with strict safeguards.

Conclusion: Bail was granted to the petitioner on stringent conditions, including weekly reporting to the police, restriction on leaving jurisdiction without permission, surrender of travel documents, and execution of bond.

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