The Supreme Court on Monday granted bail to 2008 Malegaon blast case accused Lt Col Prasad Srikant Purohit. The court noted “variance” in the charge sheets filed by the Mumbai ATS and the NIA and a “considerable” period of time-- eight years and eight months-- spent by Purohit behind the bars to enlarge him on bail.
A bench of Justices R K Agrawal and Abhay Manohar Sapre, however, said “material contradictions” in the charge sheets filed by the ATS Mumbai and the NIA would be tested at the time of trial. “Right to bail is not to be denied merely because of the sentiments of the community against the accused,” the bench said.
The court allowed his appeal challenging the Bombay HC order of April 25. Purohit, who still remained as officer in the Indian Army, was arrested on November 5, 2008. He sought parity with another accused Pragya Singh Thakur already released on bail on a clean chit by the NIA.
“The trial is likely to take a long time..., we are of the considered view that the appellant has made out a prima facie case for release on bail,” the bench said.
“Liberty of a citizen is undoubtedly important but this is to balance with the security of the community. A balance is required to be maintained between the personal liberty of the accused and the investigational rights of the agency. It must result in minimum interference with the personal liberty of the accused and the right of the agency to investigate the case,” the bench said.
Senior advocate Harish Salve on behalf of Purohit claimed that he was an intelligence officer and provided inputs to his superior officers as part of covert operation. “The officer was caught in political cross-fire,” he claimed. The NIA, for its part, maintained that Purohit was the main conspirator.
DH News Service
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