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Tuesday, June 9, 2020

TCS

Bombay HC issues notice on plea of Bombay Bomb Blast Convicts for release on emergency parole

◾By Zafar Khan✍️
Nagpur 09- Jun-2020
Division bench comprising of RK Deshpande and Amit Borkar JJ have issued notice on plea of 1998 Bombay Bomb Blast Convicts for release on emergency parole.

Asgar Kadar Sheikh and
Mohd Yakub Nagul were convinted in 1998 Bomb Blast case. The bomb blasts had rocked the local trains of Mumbai in 1998.

Five blasts were carried out - at Kanjurmarg station, near Virar station, on railway tracks between Goregaon and Malad, near Santacruz railway station and on platform number 2 at Kandivli station - between January 23 and February 27, 1998.

The blasts had killed four persons and had left 30 others injured.
The trial court on June 29, 2004, had convicted Javed Gulam Hussain, along with Aftab Sayeed, Asgar Kadar Shaikh, Kadeer Mohammed Shafi, Khalid Ansari, Shabeer Basheer Chavan, Jaffar Shaikh, Mohd Yakub Nagul, Mohammed Chauhan, Ashfaque Shaikh, Farooque Yusuf Shaikh and Aftab Shaikh.

The petitioners had contended that they had applied to the Jail superintendent Nagpur for release on emergency parole in view of amended Parole and Furlough Rules. However 15 Convicts were released on emergency parole but petitioners were not released on emergency parole as they are convincted in Bomb Blast case. It was further submitted that, Jail Superintendent
Aurangabad had released their co-accused Jafar Haq Sheikh on emergency parole but petitioners were not released. It was submitted that, petitioners were eligible to be released as per amended rules as they had previously been released on parole and as well as furlough and they had surrendered in due dates except on 1 or 2 occasions.

After hearing the petitioners, Hon'ble Division bench made following observations
"Probably  the  petitioners  have  not  been granted  emergency  parole  solely  on  the  ground  that they  are  involved  in  bomb  blast  case.    According  to petitioners,   several   co-accused   are   released   on emergency  parole  by  the  respondent.    However,  on earlier  occasion,  the  petitioners  were  released  on parole  and  such  orders  are  annexed  to  the  petition. In  view  of  this,  before  filing  reply,  respondent  may take   into   consideration   all  these   aspects   and  if thought  fit,  may  pass  an  appropriate  order."

Adv Mir Nagman Ali appeared for Asgar Kadar sheikh and Mohd Yakub Nagul.