Rejecting bail to an accused behind bars for 11 years in connection with the Jangli Maharaj (JM) Road blasts case in Pune, a special court said that it is trying its best to proceed with the case expeditiously even as it has 76 cases with undertrials in jails.
The court had on Monday rejected bail to Munib Memon, a 42-year-old tailor arrested in 2012 by the Maharashtra Anti-Terrorism Squad (ATS).
“This Court is overburdened with undertrial MCOCA and NIA cases. This Court is having 76 under trial cases in which 259 accused are in custody. This Court is having a total of 11 High Court Time Bound cases including the present case. This Court is trying best to proceed with the matter expeditiously,” the detailed order made available on Thursday said.
Memon had sought bail on the grounds that the trial had not begun still. Memon had also submitted that the Bombay High Court had directed that the trial in the case be completed till December 2023. He had also said that if a circular of the Ministry of Home Affairs is referred to, the term of his life imprisonment would be a maximum of 20 years and he has already completed 11 years in jail.
So he can be given the benefit under 436A of the Criminal Procedure Code for completing more than half the maximum term.
Memon had also said that the allegations against him were limited to procurement of SIM cards.
Special public prosecutor Vaibhav Bagade had said that the confession of the co-accused showed Memon’s role in the case and that he was a member of the Indian Mujahideen.
The court, in its order, said that two of the accused are lodged in Tihar jail and though efforts are made to produce them via video conference, at times there are issues of connectivity.
On Monday, while they were produced via video conference, the proceedings were not audible to them.
The court said that the trial is also delayed due to these issues. The court said that the parties are also filing various applications. “Considering material evidence against the accused, there are reasonable grounds for believing that the accusation against the applicant are prima facie true,” the court said.
On August 1, 2012, five low-intensity blasts took place on JM Road in Pune. Police also found a live bomb on a bicycle that was defused by the Bomb Detection and Disposal Squad.
An offence under sections, including attempt to murder and criminal conspiracy of the Indian Penal Code and other sections of the Unlawful Activities Prevention Act was lodged.