Mumbai: The special MCOCA court last week refused to grant temporary bail to an accused in the 2006 Aurangabad arms haul case to attend post-death rituals following his mother’s demise. While rejecting the plea, the court observed that if the accused is sentimental about his mother, one must also be sentimental about the motherland.
The special judge Chokar S Baviskar observed, “In this case, huge arms and ammunition and explosive substances were recovered. Safety and security of the nation must be of the utmost importance for everyone. The facts and circumstances in this case in my humble opinion do not at all make the accused entitled to be released even on temporary bail.”
Resident of Ahilyanagar, Mustafa alias Munna Mustafa alias Sayed Bademiya Mehmoodmiya is being prosecuted for his role in connection with Aurangabad arms haul case. He was arrested on October 9, 2007.
As per the prosecution case, in May 2006, the Maharashtra ATS had booked 17 accused for carrying a huge cache of explosives and arms. ATS had claimed to have seized 43kg of RDX, 50 hand grenades, 16 AK-47 rifles and over 3,000 live bullets from two cars on the Chandaud-Manmad Highway in Aurangabad.
Mustafa has filed a plea for interim bail, stating that his mother passed away on April 22 and was buried the same day. However, his presence is now required for post-burial rituals. The defence argued that, as the son of the deceased, the accused's presence is essential for performing these rites.
The plea was opposed by the special public prosecutor Vaibhav Bagade, who contended that this accused had become an approver in the original trial. When he was examined as a prosecution witness, he turned hostile and again retracted to support the prosecution.
The court hence said, in normal course, the ground contended in this application is perfectly justifying so far as other accused in other cases are concerned. This accused by his behavioural attitude makes himself disentitled to be considered for temporary bail even on humanitarian grounds.
