The Bombay High Court on Friday reserved order in Lieutenant Colonel Prasad Purohit’s appeal against the rejection of his bail by National Investigation Agency (NIA) court in the 2008 Malegaon blasts case.
A Division Bench of Justice Ranjit More and Justice Shalini Phansalkar Joshi was hearing the appeal filed by the Lt. Col. seeking for bail after the NIA filed its supplementary charge sheet dropping charges of the Maharashtra Control of Organised Crime Act against him. The Bench heard arguments by advocate Sharif Shaikh, appearing for a victim who lost his only son in the blasts that killed six and injured 101 people.
Mr. Shaikh said since Lt. Col. Purohit holds an official position, there are chances that he would tamper with the evidence if granted bail. Mr. Shaikh added that there is enough evidence to show that the accused floated the Abhinav Bharat organisation in 2006, despite being a serving commissioned officer of the Armed Forces of India, thereby flouting the service rules. He said Lt. Col. Purohit, and other accused, collected funds for the organisation and directed to disburse it to buy weapons and explosives for unlawful activities.
Mr. Shaikh also said Lt. Col. Purohit is one of the key members of the conspiracy and was in contact with the main accused Sadhvi Pragya Singh Thakur.
On September 26, 2016, Special Judge S D Tekale at the City Civil and Sessions Court rejected his plea by that “prima facie” there is evidence and a case against the Col. The court said, “Considering all the facts as well as peculiar circumstances of the case, nature and gravity of the offence coupled with restrictions imposed by provisions of the Unlawful Activities Prevention Act (UAPA), he is not entitled to be granted bail on this ground,” the judge said.
Lt Col Purohit has charges of murder, voluntarily causing grievous hurt by dangerous weapons, promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony on him. He is also being charges with relevant sections under The Arms Act, The Indian Explosive Substance Act, and UAPA.
