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2006 Malegaon blast: Accused Dr Farogh Makhdumi moves court for discharge
Saturday August 3, 2013 5:56 PM, ummid.com Staff Reporter

An accused in the 2006 Malegaon bomb blast case on Saturday filed an application before the designated MCOCA court seeking discharge from the case in the wake of the latest chargesheet filed by National investigation agency (NIA).

Accused Dr.Farogh Iqbal Ahmed Makhdumi, in his application pointed out various contradictions in the chargesheet filed by the earlier investigating agencies ATS, CBI and the NIA which had finally probed the case.

In his application, the accused contended the court that, he was falsely implicated in the case and the confession statement which is being used as vital piece of evidence against him is disbelieved by the NIA which reached on the conclusion that, the said confession was obtained under duress and the same were not the voluntarily made statement of the accused .

The court was told that, "The supplementary charge sheet filed by the investigation agency NIA prima facie disclosed that the statements of all the witnesses recorded by ATS under section 161 of Cr.pc and under 164 of Cr.pc were obtained by compelling the witnesses under threat, duress, coercion and compulsion, which is totally false evidence collected by ATS to implicate the present applicants"

The court was also told that, "at the stage of discharge i.e. under section 227 of Cr.PC, the Learned Judge has to apply his Judicial mind to the material adduced in the charge sheet, can never be taken as gospel truth and if two views are possible, the view favoring the accused should be adopted and if no sufficient grounds for proceeding against the accused are found, the accused should be discharged."

It was also submitted that, "the fundamental rule of evidence is that the material which cannot be translated into evidence, at trial stage, cannot be considered and looked into, at the stage of granting bail or discharging accused person".

The appellant also urged, "The settled position of the law is that, the hearsay evidence is inadmissible under the law, and further the statement recorded under section 162 of Cr. PC and 25 and 26 of Evidence Act, is neither admissible against maker, nor against any other co-accused."

The application was filed by Adv Shahid Nadeem Ansari on behalf of the accused through Jamiat Ulama-e-Maharashtra, an NGO providing free legal aid to the accused.

"The only remaining accused Dr. Salman Farsi, who is on bail, is also likely to file similar plea shortly", said, Adv Ansari .

Interestingly, accused Dr Farogh, unlike earlier filed discharge applications, did not demand in his discharge application any action against erring officers or asked for any compensation from the government.

Designated judge Y D shinde after perusing the plea adjourned the further hearing till 29th August.

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