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MCOCA court says it cannot rely on Swami Aseemanand's confession

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

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The special Maharashtra Control of Organised Crime Act (MCOCA) court today 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 today.

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.

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