In custody since 2008 and afflicted with TB, Ahmedabad blasts suspect gets bail in HC

Sayyed, who secured bail, happens to be the 13th of the 23 accused in the case.

Additional Public Prosecutor V S Mhaispurkar contested Sayyed’s bail application arguing he had attended “Jehad” training for handling explosives and firearms in Karnataka. The prosecution also relied on eight confessional statements of other co-accused wherein a reference was made to Sayyed.

Mhaispurkar also told the court 15 sim cards were procured in fake names by the application and provided to the crime syndicate.

Sayyed’s lawyers Mubin Solkar and Tahira Khurshid submitted, “Of the 23 arrested accused, 13 have allegedly given confessions under Section 18 of MCOCA. However, the applicant has not given any confession under MCOCA to the police and this by itself is sufficient proof of his innocence.”

Under Section 18 of MCOCA, even confessions given to a senior police officer can be used as evidence against the accused in court.

“Even assuming without admitting that the said sim cards were procured by the applicant, there is no material in the chargesheet whether the said sim cards were used by any of the co-accused for the commission of the alleged offences or for any unlawful activity of the syndicate,” argued the lawyers.

The lawyers also contended besides material given in the chargesheet, there was no other evidence in it connecting Sayyed to the criminal conspiracy.

Sayyed’s bail plea further said four of the co-accused — Mohammed Ali, Javed Ali, Ateek Mohammed Iqbal and Afroz Dastagir Mujawar —  who had purportedly harbored some of the co-accused in their house at Ullal in Mangalore and attended Jihadi meetings, had been granted bail earlier.

In addition, the bail was also urged on medical grounds. He is suffering from tuberculosis and is a chronic patient since the past several years. He has not been getting proper treatment while in prison and has lost a lot of weight recently,” read his bail plea.

The court, however, took into consideration the fact that he had been in custody since 2008 and granted him the reprieve at a bail bond of Rs 50,000.
aamir.khan@expressindia.com