Mumbai: Sadhvi Pragya Singh Thakur, prime accused in 2008 Malegaon blast case, on Thursday moved the Bombay High Court seeking a direction to the lower court that
it should entertain her fresh bail application.
When state challenged Nashik court`s earlier order to
set aside invocation of MCOCA in this case, the High Court
had stayed further proceedings.
"Because of the stay, Nashik court won`t hear our bail
application. So we have moved High Court, seeking a
clarification that Nashik sessions court can entertain bail
application," said advocate Ganesh Sovani, her lawyer.
High Court may hear this application on April 26.
Last month, High Court rejected her bail application.
However, Sovani said that he wanted to file a fresh
application before Nashik court, where argument will be based
on flaws in the chargesheet filed by Anti Terrorism Squad
Before the High Court, Sadhvi had sought bail on the
ground that she had been detained for more than 90 days
without filing of chargesheet, hence she should be released by
default, under Criminal Procedure Code provisions. But High
Court rejected the argument.
Six persons were killed in the blast in Malegaon on
September 29, 2008. Sadhvi was arrested in October 2008.
Incidentally, she sufferred a mild heart attack last
night, and has been shifted to Nashik civil hospital.