Jangli Maharaj Road blasts case: Man who spent 11 yrs in jail awaiting trial denied bail

On September 27, 2022, the Bombay High Court had rejected Memon’s bail plea while expediting the trial. The High Court then directed the trial court to conclude the trial, “as expeditiously as possible, and in any event by December 2023”. Memon cited this order and said that the trial is far from concluded but not a single witness was examined. On Monday, the special court said that the trial in the case can be fixed for hearing 2-3 times in a week, on a plea filed by an accused to keep a daily hearing.

“This court is also overburdened having 76 undertrial cases in which 259 accused are in custody. There are 11 High Court Time Bound Cases with this court, including the present matter. In view of the heavy pendency of this court, matter can be fixed for 2 to 3 dates in a week,” special judge Rajesh Katariya said.

The court directed that no exemptions shall be sought by the accused. On Monday, while a witness was present, two of the accused were produced from Tihar Jail, where they are facing another case, and they complained that the proceedings are not audible to them and two of the lawyers for the other accused were not present.

In his bail plea, Memon also cited a circular issued in 2019 by the Ministry of Home Affairs to address the issue of overcrowding and relief for undertrial prisoners, including under section 436A of the Criminal Procedure Code, which provides for the release of those who have spent more than one half of their maximum period in jail. The detailed order on the bail application of Memon is yet to be made available.

In his bail plea, Memon said that the prosecution’s case was not that he had planted the bombs and claimed that there was no evidence of him being involved in the criminal conspiracy. The ATS said that he was given the role of procuring SIM cards for the conspiracy with bogus documents.

The high court rejected the plea based on the submissions about his role, stating that it cannot be oblivious that he has a right to an expeditious trial, granting the special court 15 months to complete the trial.

Last year, two other accused had sought to plead guilty in the case with grounds, including the long incarceration. The court rejected their pleas, stating that since they sought leniency and minimum punishment while pleading guilty, it amounts to plea bargaining.

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 filed.

The Anti-Terrorism Squad (ATS) that took over the probe claimed that the blasts had been planned by banned terrorist organisation, Indian Mujahideen. Nine accused are facing trial for their alleged involvement.