SC Grants Bail To Lt Col Shrikant Purohit In 2008 Malegaon Blast Case [Read Judgment]

Supreme Court of India has granted bail to Lt Col Shrikant Purohit In 2008 Malegaon blast case.

"In our considered opinion, there are material contradictions in the charge sheets filed by the ATS Mumbai and the NIA which are required to be tested at the time of trial and this Court cannot pick or choose one version over the other. Liberty of a citizen is undoubtedly important but this is to balance with the security of the community. A balance is required to be maintained between the personal liberty of the accused and the investigational rights of the agency. It must result in minimum interference with the personal liberty of the accused and the right of the agency to investigate the case", said the Bench of Justices R K Agrawal and A M Sapre while granting bail.

The bench had reserved the order on bail plea on Thursday after hearing elaborate arguments in the case related to 2008 Malegaon blasts.

"We are of the considered opinion that there are variations in the charge sheets filed by ATS Mumbai and NIA. Further, the appellant herein, who was at the relevant time was an Intelligence officer of the Indian Army has refuted the claim of conspiracy on the ground of Intelligence inputs which he informed to his superior officers as well and the alleged role of ATS officials in the planting of RDX at the residence of A-11 clearly indicate the fresh grounds which persuade the appellant herein to take a view different from the one taken in the earlier applications. As mentioned earlier, at the stage of granting bail, a detailed examination of evidence and elaborate documentation of the merit of the case need not be undertaken. However, keeping in view the fact that NIA has submitted the supplementary charge-sheet which is at variance with the charge-sheet filed by the ATS and that the trial is likely to take a long time and the appellant has been in prison for about 8 years and 8 months, we are of the considered view that the appellant has made out a prima facie case for release on bail and we deem it appropriate to enlarge the appellant herein on bail", said the Bench.

During the hearing, senior advocate Harish Salve, appearing for Lt Col Purohit, said he has been in jail for the past nine years but charges have still not been framed against him.

He said the Maharashtra Control of Organised Crime Act or MCOCA charge has already been dropped against him and therefore he is entitled to getting interim bail.

Additional Solicitor General Maninder Singh, appearing for National Investigation Agency (NIA), said that there was some evidence against Lt Col Purohit which would help in framing of charge.