SC seeks response from convict in German Bakery case

The Supreme Court on Friday sought response from Mirza Himayat Baig, the lone convict in Pune German Bakery blast case, on Maharashtra government's appeal against commutation of his death penalty to life term by the Bombay High Court.

A bench of Justices Pinaki Chandra Ghose and Amitava Roy issued notice to the convict as the state government counsel also assailed the March 17, 2016 judgment for acquitting Baig of serious charges under various sections of the Unlawful Activities (Prevention) Act and the Indian Penal Code, including Sections 302 (murder) read with 120B (criminal conspiracy). The state government claimed that the high court ignored the statement of prosecution witnesses, including the autorickshaw driver who had identified Baig as the one who planted the bomb.

The HC had convicted Baig for offences only under IPC Section 474 (possessing a document knowing it to be forged with intent to use it as genuine) and under Section 5(b) of the Explosive Substances Act relating to punishment for making or possessing explosives under suspicious circumstances.

The high court had awarded him life term in the case relating to the blast which had claimed lives of 17 people and left 58 others injured at Pune's German Bakery on February 13, 2010. The trial court had convicted and awarded Baig the capital punishment for carrying out the blast at Pune's popular eatery.