MUMBAI: In its reasoned judgment out on Friday for bail granted to Afroz Pathan in the 2006 Aurangabad arms haul case, Bombay HC has held that he made out a case for bail on merits as well as due to long incarceration and time likely to hear appeal saying evidence against him was inadequate to show he went to Bangladesh as alleged.
The HC said the evidence relied on by prosecutors was essentially of two retracted confession statements of co accused and “no other corroborative evidence has been pointed out by the prosecution, to show that the applicant infact visited Bangladesh via Calcutta and that (he) brought funds pursuant” to such visit.
The HC bench headed by Justice Revati Mohite Fere said “Neither” confessions prima facie show that Pathan had infact gone to Bangladesh, got funds or knew why he was sent to Bangladesh or the larger conspiracy and besides there was no recovery from or at his behest.
Pathan was convicted for terror offences and sentenced to life imprisonment in 2016. His appeal against conviction is pending before the HC.
The HC noted “It is also pertinent to note, that the email relied upon by the prosecution sent by the applicant to (co accused ) Mohammed Amir (A-11), prima-facie cannot be said to be incriminating.“ It added,
that the Special Judge despite observing that the email was not incriminating said it cannot be overlooked “CDR does not show that the applicant was in Bangladesh. Infact, the CDR shows the tower location of Maharashtra” said the HC observing that a case for bail was made out.
The HC said the evidence relied on by prosecutors was essentially of two retracted confession statements of co accused and “no other corroborative evidence has been pointed out by the prosecution, to show that the applicant infact visited Bangladesh via Calcutta and that (he) brought funds pursuant” to such visit.
The HC bench headed by Justice Revati Mohite Fere said “Neither” confessions prima facie show that Pathan had infact gone to Bangladesh, got funds or knew why he was sent to Bangladesh or the larger conspiracy and besides there was no recovery from or at his behest.
Pathan was convicted for terror offences and sentenced to life imprisonment in 2016. His appeal against conviction is pending before the HC.
The HC noted “It is also pertinent to note, that the email relied upon by the prosecution sent by the applicant to (co accused ) Mohammed Amir (A-11), prima-facie cannot be said to be incriminating.“ It added,
that the Special Judge despite observing that the email was not incriminating said it cannot be overlooked “CDR does not show that the applicant was in Bangladesh. Infact, the CDR shows the tower location of Maharashtra” said the HC observing that a case for bail was made out.