The Bombay High Court, while granting bail to Mirza Himayat Baig in the 2010 Nashik terror plot case, observed that he had been incarcerated for more than 13 years. Baig is convicted for the German Bakery terror attack in Pune and his appeal is pending before the Supreme Court.
A division bench of Justices Revati Mohite-Dere and Gauri Godse, also noted that there is no recovery of any document from Baig and that he did not send anyone to Pakistan for training.
'Incarcerated for over 13 years'
“Considering the nature of evidence against the appellant (Baig) and the fact that the appellant is incarcerated on the basis of the aforesaid evidence for more than 13 years and also having regard to the punishment ultimately entailed for the said offences, the appeal is allowed,” the HC said on January 5. The detailed order copy was made public on Monday.
The high court was hearing an appeal filed by Baig challenging the order of the special court rejecting his bail plea.
Baig serving life sentence
Baig is currently serving a life sentence at Nashik Central Prison for his involvement in the bomb blast in German Bakery in which 17 people were killed and at least 60 persons were injured.
According to the ATS, the accused had plans to enter Nashik, but they were arrested before they could carry out any terror activity.
'None of the witnesses went to Pakistan'
The high court noted that the only material against Baig is statements of two witnesses who studied with him. They claimed that in December 2006, a meeting was held where Baig allegedly instigated them to join the Lashkar-e-Taiba (LeT).
“Admittedly, neither of these witnesses had gone to Pakistan, pursuant to the instigation/incitement,” the court noted.
Admittedly, the charge-sheet was filed on December 4, 2010; charge was framed on March 9, 2012 and the first witness was examined on September 22, 2017. Till date, evidence of 23 witnesses is over and the 24th witness is in the witness-box. According to the prosecution, they propose to examine 30 more witnesses, the court noted.
The high court has granted him bail on furnishing Rs 1 lakh cash and two sureties.
