Bombay High Court Grants Bail To German Bakery Blast Convict Mirza Himayat Baig In 2010 Nashik Terror Case

The Bombay High Court on Friday granted bail to Mirza Himayat Baig arrested in 2010 for allegedly being a Lashkar – E - Taiba operative and participating in a terror conspiracy in Nashik.

Baig is already serving a life sentence in the German Bakery Blast Case.

A division bench headed by Justice Revati Mohite Dere granted bail to Baig on furnishing a personal bond of Rs 1 lakh with two sureties of the same amount. However, a detailed order copy is awaited.

Baig approached the HC under Section 21(4) of the NIA Act against rejection of his bail by a special court in Nashik.

He was arrested by the Maharashtra Anti-Terrorism Squad along with another man, Shaikh Lal Baba, based on tips that they were conducting reconnaissance of sensitive places and making videos to prepare for terror strikes.

The police seized 700g of RDX, detonators, phones, documents from Shaikh Lal Baba. Baig was brought from jail in Pune where he was already in custody in the German Bakery Case.

After investigation, charges were filed against both men and 8 others shown as wanted. Alleged handler of 26/11 terror attacks Zabiuddin Ansari aka Abu Jundal is a co-accused in this case.

Advocate Mubin Solkar along with Advocate Mohammed Ibraheem KM for Baig argued that the trial in the Nashik case started in 2012 but only 19 of 161 witnesses have been examined so far. Baig's alleged role was trying to radicalize witnesses and youth for jihad while a student in Pune.

The ATS claimed in 2006 he invited 2 witnesses to a meeting where he praised LeT and said associates got militant training in Pakistan. They also alleged he associated with LeT members in 2003.

However, Solkar argued there is no evidence he conspired to commit terrorism, possessed explosives, or aided LeT. The witness statements about the 2006 meeting were recorded years later in 2010. From 2006-2010 they didn't complain to authorities about radicalization attempts.

He denied being an LeT member or aiding their activities. He argued that even if he tried to radicalize youth, it only attracts a minimum 5 year sentence under UAPA and he has undergone over 12 years of pre-trial detention already.

Only Shaikh Lal Baba is accused of procuring explosives and reconnaissance, he argued. The trial will take a long time with 141 witnesses left.

APP Prajakta Shinde opposed the bail application and claimed Baig had sent recruits to Pakistan based on an affidavit from investigators.

The accused were charged under Sections 419. 420, 465, 476, 471 153(A), 109 and 120B of the IPC, Sections 4,5 & 6 of the Explosives Act and u/s 10, 13, 15, 16, 18, 1&A, 18-B and 20 of the Unlawful Activities (Prevention) Act, 1967.

On Friday the HC granted Baig bail and asked him to report to ATS-Nashik on the second Saturday of every month and not to leave the jurisdiction of the trial court in Nashik. The HC also refused request by ATS to stay operation of bail order.

German Bakery

Over 17 people, including five foreign nationals, were killed in the explosion at the German Bakery, a popular eatery in Pune on February 13, 2010. In 2013 a Pune Sessions Court found Baig guilty in the case and sentenced him to death. The high court in 2016 had acquitted Baig of terror. However, the high court found him guilty of the charge of possession of explosives and confirmed life imprisonment.