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Malegaon blast accused sought premature bail: MCOCA court

“They could have and should have waited for the result of the inquiry,” the special Maharashtra Control of Organised Crime Act (MCOCA) court observed in its order while rejecting the bail applications filed by the nine accused in the 2006 Malegaon blast case.

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“They could have and should have waited for the result of the inquiry,” the special Maharashtra Control of Organised Crime Act (MCOCA) court observed in its order while rejecting the bail applications filed by the nine accused in the 2006 Malegaon blast case.

The MCOCA court, that had rejected their plea on March 15, has concluded that their bail plea was premature as it was filed even without waiting for the results of the inquiry being conducted by the Central Bureau of Investigation (CBI), on Swami Aseemananda alias Naba kumar Sarkar’s confessions. An RSS leader and key accused in the Samjhauta blasts case, he, in his statement to the Delhi police, had claimed that the 2006 blast had been carried out by Hindu extremists.

Special judge YD Shinde, in his 15-page order, has
stated, “The accused are seeking bail based only on Sarkar’s confessional statement; they haven’t come before this court with their case on merit.”

The accused Noorulhuda Doha, and others, in their bail application, prayed that as per the confessional statement the role as alleged by CBI does not stand and they are being unnecessarily kept in custody for the last four years, pending trial.

Shinde said, “The CBI is making further investigations, not fresh investigations. ‘Further investigations’ does not mean that the material already on record in this case is not sufficient or that the earlier investigation was not proper.”

The court added that the confessional statement is not part of the court record in this case. 

The CBI has arrested the nine accused for their alleged role in the blasts that took place near the Hamidia mosque around 1.15pm on September 8, 2006, killing 37 people and injuring more than a 100.

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