By A Mirsab, TwoCircles.net,
Mumbai: Raising serious doubts over the prosecution case of a recovery of AK-56 at his instance, the Bombay high court suspended the 10-year jail term of Atif Mulla, convicted under the charges of Prevention of Terrorism Act (POTA) in the case of blasts in 2002-2003 at Mumbai Central, Vile Parle and Mulund.
Hearing his bail application on Thursday, a division bench of Justices Abhay Oka and Amjad Sayed ordered Mulla’s release on a bail of Rs 1.50 lakh and surety of the same amount. It has also asked him to deposit the Rs 1.15 lakh fine ordered by the trial court and cautioned him not to indulge in any illegal activities or leave the country.
While releasing him on bail, the high court observed that there were “serious doubts” about the claim that police had recovered an AK-56 and 28 live cartridges at his instance.
A special court in April 2016 sentenced 10 accused, including Atif Nasir Mulla for their involvement in the bomb blasts case that had claimed lives of 13 people. The court had sentenced Muzammil Ansari, Wahid Ansari and Farhaan Khot to life imprisonment. Atif Mulla, Saquib Nachan, Hasib Mulla and Ghulam Khotal were sentenced to a jail term of 10 years, while Noor Malik, Anwar Ali and Muhammed Kamil were awarded two years imprisonment each.
Mulla, an MBA from Padgha in Maharashtra was acquitted of charges of conspiracy to cause bomb blasts but was sentenced 10 years rigorous imprisonment for alleged recovery of Ak-56 at his instance.
He was arrested on April 15, 2003 and was released on bail by Bombay High Court in 2005. He was however jailed again after the verdict of special court this year.
Advocate Mubin Solkar who argued for Mulla before high court expressed satisfaction and told TwoCircles.net, “We are happy that high court appreciated our points. There were many loopholes in the prosecution case and trial court had not considered defence’s argument during trial. The recovery of AK 56 was planted on Mulla to implicate him”.
During the argument Solkar pointed out many contradictions, irregularities in the witness’s testimony and said that the conviction was based on faulty appreciation of evidence by trial court. The high court accepted Solkar’s argument, raised doubts over recovery and suspended Mulla’s sentence.
With this bail he became the third convict in the case to get bail from high court. Earlier, Ghulam Khotal and Hasib Mulla were released on bail last month as they have already served a substantial part of their jail term and their appeals were likely to be heard only after four or five years.