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MCOCA Court: Cannot rely on Aseemanand`s confession

Last Updated: Friday, March 18, 2011 - 23:17

Mumbai: The Special Maharashtra Control of
Organised Crime Act (MCOCA) court on Friday while rejecting the
bail application of nine accused in the Malegoan 2006 blast
case held that it could not release the accused on bail
based on confession of Swami Aseemanand.

"Merely because some person (Assemanand) has given a
confessional statement from which it can be gathered that he
has some knowledge about the facts relating to the case, at
this stage it cannot be said that the material before court is
not sufficient or that there are reasonable grounds to hold
that the accused are not guilty ", observed the court in the
order on Tuesday, the copy of which was made available to the
defence lawyers.

The nine accused had moved the MCOCA court in January
seeking bail based on the confessional statement of Swami
Aseemanand, a key accused in the 2007 Samjhauta blasts case.

Aseemanand had alleged that a right-wing group was
involved in the 2006 blast.

The court also observed that though the CBI had filed an
application for permission to make further investigation,
`...that alone does not mean that the material already on
record in this case is not sufficient or that the earlier
investigation was not proper.`

"Without waiting for the result of further inquiry of
the CBI, the accused have rushed to this court and have filed
this (bail) application. They could have and they should have
waited for the result of the inquiry", it said.

The anti-terrorism squad of the Maharashtra police
which investigated the case had arrested nine persons, Salman
Farsi, Shabir Ahmed, Noorulhuda Doha, Rais Ahmed, Mohammed
Ali, Asif Khan, Javed Sheikh, Dr Faroogue Ansari and Abrar
Ahmed, for their alleged involvement in the blast.

The blasts took place on September 8, 2006, had killed
37 people and injured over 100.


First Published: Friday, March 18, 2011 - 23:17

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