Mumbai: The Bombay High court Tuesday reserved its order till August 27 on the the bail plea moved by Javed Ahmed Abdul Majid, an accused in the 2006 Aurangabad Arms Haul case.
The arguments on both the side were concluded before Justice Abhay Thipsay who today reserves its order on the bail plea.
In his bail application, the accused pleaded that the trial has been pending since 2006 and the 22 accused were languishing in jail without trial of their case.
The court was also told that there is no prima facie evidence against the accused and he has not given any confession statement neither any co-accused has taken his name in their confession statements in respect of his involvement in the conspiracy.
The petitioner also argued that "the charges were framed against all the accused last year but so far only four witnesses were examine by the court while prosecution has cited 247 and now his trial is not going on as no court has been set up by the state after the transfer of former Judge S M Modak.
Defense council Adv Yug Chaudhry who had appeared on behalf of NGO Jamiat Ulama e Maharashtra, proving free legal aid to innocent Muslim youth arrested on the charges of terrorism argued that, the only allegation on the accused is that, he had moved computer boxes from one place to another place which allegedly contained arms and ammunition, and helped in parking empty car at its warehouse in Malegaon.
Adv Chaudhry said that, the accused was not having any knowledge about the contents of the computer boxes as the Indica car incidentally reached Malegaon when the conspiracy busted after the driver got a call that police was chasing them, so there is no evidence that he was part of the conspiracy.
Special Public Prosecutor Raja Thackeray, while strongly opposing the plea contended that the accused was deeply involved in the conspiracy of the case and grant of bail to him will influence the witnesses and will give wrong signal to the society.
He also said that if the court considers the bail plea, other accused will also move the court on the same ground.
During the court proceeding, a team of defense lawyers comprising Adv Sharif Shaikh, Adv Ansar Tamboli, Adv Shahid Nadeem Ansari, Adv Chirag Sha, Adv Abhishek Pandy and Husnara Munshi were present in court.
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