By TwoCircles.net Staff Reporter,
Mumbai: Continuing blows to Maharashtra Anti-Terrorist Squad (ATS), Mumbai special court established inside the Arthur Road jail granted bail to two more accused – Muhammad Zubair, 32, and Afzal Khan, 35, in the Aurangabad Arms Haul case of 2006.
Both were granted bail on Wednesday by special MCOC Judge Q T Qadri against the surety amount of Rs 50,000. Arrested in May 2006, Zubair and Khan are amongst the 10 persons to get bail in the case till now.
According to the ATS, Zubair and Khan were the member of the group that was behind transporting the arms in Aurangabad city of Maharashtra in May 2006 and Zubair was even caught on the spot sitting in the vehicle during interception of the consignment of arms and explosives by state ATS.
The Maharashtra ATS had allegedly chased an explosive laden vehicle and arrested three persons in Aurangabad on May 9, 2006. Eighteen more people were arrested later in the case. A huge cache of arms and ammunition had been seized from the vehicle and the case came to be known as the Aurangabad arms haul case.
The bail pleas were moved by the lawyers of NGO Jamiat Ulama-e-Hind, which provides free legal aid to Muslim youths arrested on charges of terrorism across India. The help is provided if their families approach Jamiat and, after scrutiny of the case, it is convinced that the youth is innocent.
Jamiat Ulama-e-Hind appointed advocate Sharif Shaikh and advocate Mubin Solkar to argue the bail on behalf of the accused.
Shaikh had argued before the special MCOC court that there were insufficient evidences in the case to prove charges against Khan and that the alleged confessional statement of Khan itself reveals Khan was unaware of the content of the boxes meant for transport.
Whereas, Solkar contended that all the alleged confessional statements in case made by accused have already been retracted and hence cannot be solely relied to prove the charges. He also argued that there are insufficient evidences to corroborate alleged retracted confessional statement of accused.
Public prosecutor Vibhay Bagade strongly objected the bail plea during the argument and said the allegations are serious and other evidences in the case indicates that accused were in touch with other conspirators in the case.
Pronouncing its order late in the evening, Special MCOC judge Qadri accepted the argument of defence lawyers and granted bail to the duo against the surety amount of Rs 50,000. The court ordered the duo not to influence witnesses in the case, to attend regular case hearing and not to leave boundaries of state till the completion of the case.
After the favorable order of bail, advocate Shaikh told TwoCircles.net, “The judge has discovered that the case made out against 23 accused is weak and there are many lapses in the investigation of the case. This is the reason that the court is accepting our argument and one after another granting bail to the accused.”
“There is one more bail pending before the court, I hope that accused too will be granted bail by the court soon,” he added.
Gulzar Azmi, secretary of Jamiat Ulama-e-Maharashtra’s legal cell, welcomed the bail order and congratulated family members of the accused and the advocates who pursued their bail.
While speaking with the reporters, he said on Wednesday, “Eventually truth is coming out. Although it took nine years but we are happy that at least these youths are now out. This is the 9th person in the case to have secured bail with the help of Jamiat. Dr Sharif’s bail is pending before the court and we expect it to get favorable order in near future.”
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Youth granted bail after nine years in Aurangabad arms haul case