The Bombay High Court on Thursday dismissed an appeal filed by lt Col Prasad Shrikant Purohit, one of the main accused in the 2008 Malegaon blast case, challenging the trial court’s order refusing him bail and asked him to file a fresh plea for bail before the same trial court.
Hearing the bail application filed by Purohit on the basis of a supplementary charge-sheet by the NIA in the 2008 Malegaon blast case, a HC division Bench, headed by Justice Naresh Patil asked the trial court to hear the fresh bail plea expeditiously, if possible within six weeks.
The HC Bench also asked the trial court to consider the supplementary chargesheet filed by the NIA which has dropped the charges under stringent Maharashtra Control of Organised Crime Act against Purohit and other accused in the case. “The new material in the supplementary charge sheet should be taken into account by the trial court while hearing the bail plea,” the HC Bench observed.
In his plea, Purohit had contended that he had been behind the bars for more than seven years and that since the NIA had concluded the investigation, he be set free on bail.
Purohit has been denied bail by the trial court consistently since Purohit since 2010. His last bail plea was rejected in October last year, following which he had moved the Bombay High Court.
In his plea, Purohit claimed that the trial court should have appreciated the fact that he has “an outstanding meritorious record and that he risked his life to fight against terrorism across the country.”He had been framed,” the petition stated.
Picking several serious loopholes in the investigations conducted initially by Maharashtra’s Anti Terrorism Squad (ATS) during its initial investigations into the 2008 Malegaon blasts case, the NIA had on May 13 dropped all charges against Sadhvi Pragya Thakur and five other accused, while it also withdrew all the charges invoked under the stringent Maharashtra Control of Organised Crime Act (MCOCA) against all other accused, including lt Col Purohit.
In a second supplementary charge-sheet filed before the court of Special Court Judge S.D. Tekale in the 2008 Malegaon blasts case, the NIA had also dropped charges invoked under MCOCA against all other accused in the case, including lt Col Prasad Purohit.
While one had expected lt Col Prasad Purohit would also be let off the hook, it did not happen. For, while dropping all charges against six accused, including Sadhvi Pragya, the NIA “after undertaking a pain-staking and professional investigation” recommended prosecution against 10 accused – including lt Col Prasad Purohit – for offences registered under Indian Penal Code (IPC), Arms Act and Unlawful Activities (Prevention) Act, 1967.
Apart from lt Col Prasad Purohit, nine others against whom the NIA has recommended prosecution are: Ramesh Upadhyay, Sameer Kulkarni, Ajay Rahirkar, Rakesh Dawade, Jagdish Mahatre, Sudhakar Dwevedi, Sudhakar Chaturvedi, Ramachandra Kalasagara and Sandeep Dange.
According to the supplementary charge sheet filed by the NIA before a special courtr here on Friday, lt Col Prasad Purohit has been charged with offences under various IPC sections, including 120 b (conspiracy), 302 (murder) and 307 (attempt to murder), sections 3, 4,5 and 6 of the Explosives Substance Act and 15, 16,17, 18, 20 and 23 of Unlawful Activities (Prevention) Act.
It may be recalled that an improvised explosive kept under the seat of a Hero Honda motor-bicycle had exploded at Malegaon’s Bhikku Chowk, near Noorani Masjid on the night of September 29, 2008, leaving six persons dead and injuring 101 others.