Mumbai court denies bail to 2012 Pune blasts case accused; says nature of offence serious

Mumbai, Aug 15 (PTI) A special court here has denied bail to Asad Khan, an accused in the 2012 Pune bomb blasts case, sought on the ground of being in jail for 13 years.

The court held that considering the "serious nature and gravity of offence" as well as "the prime role of the accused", it was not a fit case for granting bail only on the grounds of long incarceration.

Special court judge hearing cases pertaining to the Maharashtra Control of Organized Crime Act (MCOCA), Shayana Patil, passed the order earlier this month.

The order, made available on Friday, said the conspiracy of serial blasts was hatched "prominently with the intention to create terror among the citizens and threats to the general safety and security of public as well as causing alarm to the overall national integrity".

As per the prosecution, five bomb blasts occurred in Pune on August 1, 2012. Also, a live bomb was found from another place following the incident.

While nobody was killed in the incident, one person was injured.

The prosecution alleged the blasts were planned to avenge the death of Quatil Siddique, a member of the Indian Mujahideen. There are nine accused in the case.

Khan was arrested on December 20, 2012, and has been in custody for nearly 13 years, the prosecution said.

Khan has sought bail mainly on the ground that he was arrested in December 2012, whereas the charges against him were framed in April 2022.

He cited that there was pre-trial detention of nine years and four months, and even after framing of charges in 2022 only 17 witnesses out of 316 have been examined (unit now, indicating no possibility of the trial concluding soon.

Khan contended that this prolonged detention violated the accused's right to life, personal liberty and a speedy trial.

The prosecution, represented by special public prosecutor Vaibhav Bagade, opposed the bail application, arguing that ample prima facie evidence points to Asad Khan's "active and prime participation" in the crime.

The SPP submitted that Khan was involved in the planting of the bombs and the articles for preparation of explosives were also seized during the investigation.

The court, after hearing both the sides, noted that the accused was facing prosecution for serious offences like that of preparation of bombs, forming the criminal conspiracy, and plans of blasts at several places in the city like Pune.

It stressed that expeditious trial by recording the evidence of witnesses is intervened by several applications preferred by the accused persons from time to time.

Under such circumstances, the delay in the trial cannot be attributed only to the prosecution, the court stated.

The court found that the prosecution has collected ample prima facie evidence about the "prime and major role" of Khan in commission of the offence.

It pointed out that there is nothing at this stage to reasonably believe that the accused has not committed the crime as alleged by the prosecution.

"Hence, considering the serious nature and gravity of offence as well as prime role of the accused, it cannot be said to be a fit case for releasing him on bail only on the ground of long incarceration," the court concluded. PTI AVI NP