Mumbai: On humanitarian grounds, the Bombay High Court on Wednesday allowed an incarcerated July 2006 Mumbai train blasts accused to meet his ailing mother for two days at her residence in neighbouring Thane district.
The Court, however, refused to grant bail to the accused on the same ground.
Justice A M Thipsay, while turning down the bail plea of Mohammed Sajid Marghoob Ansari, granted him permission to meet his ailing mother at her residence in Mira Road in nearby Thane district for two days.
The accused, who has spent six years in jail, had pleaded that his mother was suffering from a serious illness and was on the verge of death. He, therefore, asked for bail.
His lawyer, Naeema Shaikh, argued that Ansari has been languishing in Jail for a long period and his financial condition was not good. She urged that he should not be charged for the police escort.
The Judge asked police to take the accused to his mother`s home under an escort team but the Court specifically instructed them not to charge the accused for the security cover provided for this purpose.
The prosecution objected to the bail being given to the accused on the ground that the act allegedly committed by him was a serious offence and it would be improper to release him at this juncture when the trial was going on in a designated MCOCA Court.
Justice Thipsay directed the police to ensure that the accused spends at least three hours with his mother each day and he should be brought back in the jail by 6 pm.
Before passing the order, the court had sought a report from the Deputy Commissioner of Police arms department in which the police had considered the direction of the court for waving of the charges on humanitarian ground.
Earlier, the designated court had rejected the plea of the accused for granting him interim bail for four weeks to meet his ailing mother.
According to prosecution, Ansari had allegedly assembled a bomb at the house of co-accused Mohammed Ali in suburban Govandi and had also participated in a conspiring meeting at the house of another accused Faisal at Carter Road in suburban Bandra.