Kerala High Court grants bail to accused MK Nasar in Prof TJ Joseph hand chopping case

The Kerala High Court on Thursday granted bail to MK Nasar, one of the men convicted by a trial court last year for attacking and chopping off the wrist of a college professor named TJ Joseph in 2010 over an allegedly 'blasphemous' exam question on Prophet Mohammed [MK Nasar v Union of India]..A Division Bench of Justices Raja Vijayaraghavan V and PV Balakrishnan also suspended Nasar's life imprisonment sentence while his appeal against the trial court conviction remains pending. The order was passed after the Court noticed that Nasar had been in prison for over nine years and that his appeal against the trial court conviction was yet to be heard. "The applicant has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored. Additionally, the appeals filed by the NIA against the findings of the learned Sessions Judge are being considered in separate appeals, which have not yet been taken up. There is also the likelihood of delay, as the prime accused has surrendered, and the learned Sessions Judge may have to take up the trial and dispose of it in accordance with the law and some of the original records may be required for that purpose," the Court said. .Bail was granted subject to Nasar executing a bond for ₹1 lakh, with two sureties. Further he was ordered not to leave the country without the High Court's permission, not to commit similar crimes while out on bail and not influence witnesses or interfere with the trial against him. .The case dates back to July 4, 2010, when Professor TJ Joseph, who taught Malayalam at Newman College, Thodupuzha, was attacked by a group of men who severed his right wrist. The attack was triggered by allegations that a question paper prepared by Professor TJ Joseph for an exam insulted Prophet Muhammad.Nasar was accused of being the mastermind behind the attack and faced multiple charges..According to the National Investigation Agency (NIA) which conducted the investigation, Nasar was responsible for procuring essential resources such as mobile phones, SIM cards and a vehicle as well as recruiting participants for the operation.The trial was conducted in two phases. In the first phase, thirteen out of thirty-one persons arrayed as accused were found guilty in 2015.Nasar was among those convicted in the second phase, in which eleven persons were tried and six eventually convicted in 2023. The remaining five were acquitted. .Three of the convicts, including Nasar, were sentenced to life in prison. Nasar then approached the High Court seeking bail and the suspension of his sentence, while his appeal against the trial court verdict remained pending. His counsel argued that there were discrepancies in the evidence linking Nasar to the crime and that other co-accused persons have been granted bail after serving a portion of their prison sentences. It was also argued that there were gross delays in the conducting the trial against the accused in this case. The Central government opposed the bail plea, arguing that accused themselves had delayed the trial by absconding and that Nasar's life sentence was appropriate, given his role in the conspiracy..After examining the rival contentions, the Court eventually allowed Nasar's plea for bail and the suspension of his life sentence. The Court noted that co-accused who had faced allegations similar to those against Nasar had been sentenced to less harsh penalties in the first phase of the trial, and had even been released after undergoing their prison sentence. The Court further observed that since the case also involves connected appeals from the year 2013, it was unlikely that Nasar's appeal would be decided in the near future. The Court added that the Supreme Court has already held that delays in the disposal of an appeal can be a factor to decide on whether to suspend a convict's prison sentence. The Court concluded that in this case, its powers under Section 389 (suspension of sentence pending the appeal; release of appellant on bail) of the Code of Criminal Procedure (CrPC) could be invoked to suspend Nasar's life sentence and grant him bail..MK Nasar was represented by Senior Advocate Raghenth Basant and advocates EA Haris, MA Ahmad Saheer, Muhammed Yasil, PC Noushad, Wakarul Islam KS, and Renjith B Marar.The Union of India was represented by the Assistant Solicitor General of India..[Read Order]