17 Yrs After Arrest, Bombay HC Grants Bail To Convict In Aurangabad Arms Hauls Case, Says Prima Facie No Evidence He Visited Bangladesh Or Got Funds

The Bombay High Court has suspended the sentence and granted bail to Afroz Khan, a convict in the 2006 Aurangabad arms haul case who allegedly visited Bangladesh and brought back funds for terrorist activity.

A division bench of Justice Revati Mohite Dere and Justice Gauri Godse observed that confessions by two co-accused, which were the basis of his conviction, did not prima facie show that he actually visited Bangladesh.

“Neither of the aforesaid confessions where there is a reference to the applicant, prima facie show that the applicant had infact gone to Bangladesh and had got funds or that the applicant had knowledge or reason to believe the purpose for which, he was sent to Bangladesh or of the larger conspiracy”, the court observed.

While allowing his bail application, the court also took into consideration that Khan has been in prison for 17 years during which he completed his BA and is conducting de-radicalization sessions in the prison with the help of jail authorities.

“The applicant is in custody for the last 17 years. It appears that the applicant whilst in custody completed his B.A through IGNOU and secured 63% and later did his Masters in Political Science. It also appears that the applicant has done a 6 month Yoga Course and is working in the Jail Hospital at Taloja. It also appears that the applicant is conducting counseling and de-radicalization sessions in Prison with the help of Jail authorities”, the court observed.

A special court under the Maharashtra Control of Organised Crime Act had convicted the applicant under various sections of the Unlawful Activities (Prevention) Act for conspiracy to commit terrorist acts and sentenced him to life imprisonment. Khan was acquitted of offences punishable under sections 16 and 23 of the UAPA and other offences under various sections of the Arms Act, the Explosive Substance Act, the Explosives Act, and the Maharashtra Control of Organized Crime Act.

During the enquiry into the Nanded Bomb Blast Case, seizure of explosives in Buldhana, and the bomb blasts which took place in 2002 and 2003 in Marathwada, the ATS got a tip that explosives are likely to be transported in the region. On May 8 2006, it intercepted a Tata Sumo coming from Manmad going towards Aurangabad at Ghrushneshwar Temple, Taluka Khuldabad, Aurangabad.

Huge number of arms and ammunition was recovered from the jeep. ATS Mumbai registered the case and applicant Afroz Khan was convicted along with other co-accused in 2016. In 2017, he filed an appeal against the conviction which is pending. In the appeal, he filed the present bail application.

His conviction was based on confessions made by two co-accused, namely, Mohammed Amir and Sayyed Aakif, call detail records and an email sent to Amir. According to the confessional statements, the applicant was prepared by another accused to visit Bangladesh illegally along with accused Mustafa to fetch funds from accused Juned, a Pakistani national and member of Lashkar-e-Taiba.

The court noted that apart from the confessions, there is no corroborating evidence by the prosecution to show that the applicant visited Bangladesh and brought funds. The confessions do not prima facie show that he actually visited Bangladesh and got funds, or knew the purpose for which he was sent or the larger conspiracy, the court observed. Further, the confessions were retracted.

The court noted that the call records do not show that the applicant was in Bangladesh. Further, the email written by him was not incriminating, the court said.

In July 2022, the court suspended the sentence of co-accused-Bilal Ahmed Abdul Razak. The case of the present applicant Afroz Khan is on better footing, the court opined.

Therefore, the court suspended his sentenced and directed him to be released on bail, pending the hearing and final disposal of his appeal, on a P.R. Bond of Rs.50,000/-.

Case no. – Criminal Interim Application No. 906 of 2022 (for Bail)

Case Title – Afroz Khan Shahid Khan Pathan v. State of Maharashtra