MUMBAI, December 4: With the recent release of four Custom officers and an inspector charged in the serial bomb blasts case, investigations into the grisly bombings has touched a new ebb. Only 32 of the total 135 accused are still in jail, the main conspirators - 34 in all - are at large, and the case appears headed for nowhere.Nearly 20 of the accused currently in jail have been charged with Section 3 (2) of TADA, which deals with terrorists acts, and could get either a death sentence or life imprisonment, a defence advocate said. Others who're in prison have been charged under Section 3(3) of TADA (aiding and abetting terrorist acts), and will have to undergo at least five years' rigorous imprisonment. Most of the latter accused have applied for bail and their pleas will be heard soon, the advocate added.During the last four months, nearly 10 persons have been released on bail by designated TADA judge PD Kode on humanitarian grounds - that is, they've been languishing in jail for over five years, andcharges against them are less serious in comparison with those against others. In other words, they're not involved in the inner circle of conspirators, another defence lawyer said. Among those recently released are film producers Hanif Kadawala and Sameer Hingora, assistant collector of Customs R K Singh, Superintendents Sultan Sayed and S S Talwadekar, Inspector Jayant Gurav and sub-inspector Vijay Patil.Ten accused have got interim bail on health grounds. One Harba Hari Kopatkar died in custody, two accused Mohammed Jindran and Salim Kurla were gunned down, and Samajwadi Party's Mumbai unit president Abu Azim Azmi and Amjad Meherbaksh were discharged from the case by Supreme Court. Riyaz Khatri, released on bail in 1995, is absconding. Earlier, 26 persons were discharged before filing of charges, and Rahim Laundrywala died in jail before charges were framed.In 1995, a Central Review Committee set up to review the cases said it was premature to consider withdrawal of charges against any of theaccused. But the committee observed that since TADA had lapsed in April 1995 and the trial had begun in June 1995 (109 accused were in jail then), the court may consider granting of bail in deserving cases, taking into account things like character of evidence, circumstances peculiar to the accused and likelhood of the accused fleeing from justice or repeating the offence while on bail.Accordingly, the then designated TADA judge J N Patel asked the prosecution to enlist the accused persons who deserved bail and those who didn't, along with reasons.Classification of the accused was done, and the prosecution gave `no objection' to 12 accused persons, including actor Sanjay Dutt, who was later granted bail by SC. Later, 37 more persons were released on bail.The prosecution later challenged bail pleas of four persons, Salim Durani, Rafiq Madi, Riyaz Khatri and Ashrafur Rehman, through a special leave petition filed before SC. But the plea was dismissed by SC.So far, 459 witnesses have been examined. Afew independent witnesses are yet to be examined, along with four top police officials and investigating officers. Examination of forsenic experts also remains, and that of doctors is expected to be completed by December '99. After this, statements of the accused will be recorded, and this will be followed by arguments of prosecution and defence.
