MUMBAI
The Bombay high court has deferred by a month the hearing on a bunch of petitions seeking release of two accused held under POTA for their alleged complicity in the 2002-03 bomb blasts in the metropolis.
The Bombay high court has deferred by a month the hearing on a bunch of petitions seeking release of two accused held under POTA for their alleged complicity in the 2002-03 bomb blasts in the metropolis.
The matter was deferred by a bench headed by justice BH Marlapalle on June 28 on the ground that the high court would prefer to wait until Supreme Court vacates its stay on the trial.
If the Supreme Court does not decide by July 31 then the high court would consider passing appropriate orders on these petitions.
The Supreme Court had granted stay on the trial after accused moved the apex court challenging clubbing of cases in the trial.
In the petition before high court, accused Anwar Ali Javid Ali has sought release on the ground that prosecution had not produced evidence against him.
The blasts between December 2002 and March 2003 at suburban Vile Parle, Mumbai Central and Mulund had killed ten
persons and injured over 50 people.
Ali's lawyer Sushan Kunjuraman pleaded that the prosecution had on three occasions admitted in its replies to bail petitions that there was no evidence against the accused.
Kunjuraman said the prosecution had argued before the trial court that there was no evidence to suggest that Ali and Saquib were involved in the blasts.
The prosecution had given them a clean chit by naming two other accused who had made bombs and planted them in targeted spots, he argued.
In another petition, Abdul Hamid Nachan, the father of co-accused Saquib Nachan, has urged for seeking his son's release on the same ground.
Saquib's father said he was over 80 years and old and infirm. At this age he had to bear the tag of being father of a terrorist.
He pleaded it was he who made Saquib surrender to prove his innocence and yet he had to bear the suffering caused by his son's incarceration.
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