New Delhi, Apr 29: Delhi High Court on Monday refused to grant bail to three suspected Indian Mujahideen operatives facing trial for their alleged involvement in the September 2008 Delhi serial blasts that claimed 26 lives.
The high court, however, directed the trial court concerned to conclude its trial in the case by taking up hearing at least twice a week, noting that the accused have been behind bars since 2008.
In three separate judgments, the high court dismissed the appeals filed by Mubeen Kadar Shaikh, Saquib Nisar and Mansoor Asghar Peerbhoy, challenging a trial court's orders denying them bail.
While denying bail to Nisar, a bench of Justice Suresh Kumar Kait and Justice Shalinder Kaur said, “The allegations against the appellant and the role attributed to him does not persuade this court to release the appellant on bail.”
A lot of recovery related to the blasts was allegedly made from him, it said.
Regarding Shaikh, the bench said he is a qualified computer engineer and has been alleged to be an active member of the Indian Mujahideen's media cell and, as a part of large conspiracy, had prepared the text and content of the terror mail sent in the organisation's name and does not deserve to be released on bail.
Peerbhoy was denied bail by a bench of Justice Suresh Kumar Kait and Justice Manoj Jain, noting that he was working in a company with offices in Pune and his job was to develop email software such as proxy servers, web proxy servers and, at the relevant time, was allegedly leading the media group of terror outfit.
In all three judgments, the high court noted that it was informed by the prosecutor that 497 witnesses were cited initially. Of them, 198 witnesses were dropped and 282 have already been examined so far. Only 17 witnesses are left to be examined.
“We are informed that the special court is conducting proceedings on every Saturday so as to expedite conclusion of trial, which is already at its fag end. However, in the peculiar facts of the present case and keeping in view that the appellant is behind bars since 2008, we direct the concerned special court to conclude the trial in the present matter by taking it up at least twice a week,” the high court said and added that it is conscious speedy trial is an accused's valuable right.
It added that the observations made are tentative and the trial court shall not take the same as final expression on the merits of the case.
