SC grants bail to Lt. Col Shrikant Purohit in Malegaon case

The Supreme Court on Monday granted bail to 2008 Malegaon blast case accused Lt Col Prasad Srikant Purohit. The court noted “the 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 allowed his appeal challenging Bombay HC order of April 25 that had declined the relief to him. Purohit, who claimed to be serving in the Indian Army, was arrested on November 5, 2008.
 
“NIA has submitted the supplementary charge-sheet which is at variance with the charge-sheet filed by the ATS and that the trial is likely to take a long time and the appellant has been in prison for about 8 years and 8 months, we are of the considered view that the appellant has made out a prima facie case for release on bail and we deem it appropriate to enlarge the appellant herein on bail,” the bench said.
 
The court also noted Purohit was an Intelligence officer of the Indian Army at the relevant time. His refutation of the claim of conspiracy on the ground of intelligence inputs that he provided to his superior officers as well and the alleged role of ATS officials in the planting of RDX at his residence clearly indicated the fresh grounds for seeking bail, it said.
 
The court, however, said “material contradictions” in the charge sheets filed by the ATS Mumbai and the NIA would be tested at the time of trial.
 
“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.
 
In its judgement, the court directed Purohit to furnish personal security of Rs one lakh and two sureties of the same amount for bail.
 
The court directed Purohit not to leave the country and deposit his passport. Among other conditions, the court ordered that he would not directly or indirectly influence the witnesses and make himself available before the NIA as and when required.
 
Purohit, a Military Intelligence officer, is accused in the case relating to a bomb blast on September 29, 2008, at Malegaon, a communally-sensitive textile town in Nasik district of north Maharashtra. The explosion had claimed lives of six people and left over 100 other injured.
 
During the hearing, Purohit's counsel senior advocate Harish Salve claimed that the officer was caught in political cross-fire. He cited the NIA's severe indictment of the ATS and the trial court's failure to frame charges against him as grounds for his enlargement on bail. The ATS had claimed Purohit floated 'Abhinav Bharat' in 2007 and took upon himself the responsibility of providing explosives in order to take revenge of ‘Jihadi’ activities by Muslim community. This was, however, debunked by the NIA.