Mumbai, April 10: The special MCOCA court on Friday granted bail to Naquee Shaikh and Haroon Naik, suspects in the July 13 triple blast case, on the ground of long incarceration, as they have been in prison for 15 years.
On July 13, 2011, three bomb blasts occurred at Opera House, Zaveri Bazar, and Dadar, resulting in the death of 27 persons and injuries to 127 others. The probe was later handed over to the Anti-Terrorism Squad (ATS).
Defence cites weak evidence and long incarceration
Lawyers for Shaikh and Naik, Wahab Khan and Sharif Shaikh, contended that they have been falsely implicated and the evidence against them is weak.
It was claimed that the confession statement of the co-suspect is involuntary and cannot be relied upon. Besides, the defence claimed that one of the suspects, Kafeel Ahmed Ayub, has been granted bail by the Bombay High Court on the ground of long incarceration.
Prosecution opposes bail plea
The plea was opposed by the special public prosecutor, who said there is sufficient evidence against the applicants. It was further contended that powers to consider the issue of long incarceration and grant bail are vested with constitutional courts, and that the trial court cannot utilise the powers on such grounds.
Court cites right to speedy trial
The special judge, Satyanarayan Navander, observed, “The provisions of the constitution are to be considered not only by the constitution courts but by the trial court as well. The right to speedy trial of the accused has to be considered by the trial court. The bail plea of the accused has to be considered particularly when a co-accused is granted bail in the same case.”
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“Although 203 witnesses have been examined, more than 100 witnesses are yet to be examined. Even with expeditious conduct of trial, it is likely to take considerable time for completion,” the court said, while granting bail.
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