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"Check If Justice Ramasubramanian Appeared For Him Before":Supreme Court Adjourns Abdul Nazir Maudany's Plea For Relaxation Of Bail Condition

Srishti Ojha
5 April 2021 8:02 AM GMT
Check If Justice Ramasubramanian Appeared For Him Before:Supreme Court Adjourns Abdul Nazir Maudanys Plea For Relaxation Of Bail Condition
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Supreme Court has on Monday adjourned to next week, the plea filed by Abdul Nazir Maudany, prime accused in the 2008 serial bomb blast case seeking relaxation of condition imposed by the Apex Court while granting him bail on 11th July 2014.The Court has asked the petitioner counsel to check if Justice Ramasubramanian who is part of the present Bench, has appeared for Maudany in the...

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Supreme Court has on Monday adjourned to next week, the plea filed by Abdul Nazir Maudany, prime accused in the 2008 serial bomb blast case seeking relaxation of condition imposed by the Apex Court while granting him bail on 11th July 2014.

The Court has asked the petitioner counsel to check if Justice Ramasubramanian who is part of the present Bench, has appeared for Maudany in the past.

A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian were hearing an application filed by Maudany, Kerala-based PDP Chairman, seeking relaxation of bail condition asking him to not leave city of Bangalore, to the extent that he be permitted to travel to his hometown in Kerala till pendency of trial.

During the hearing, Sr Adv Jayant Bhushan appearing on behalf of Maudany submitted that they are seeking modifications in conditions of bail granted. The condition was that he has to remain in Bangalore.

"You are a dangerous man" CJI remarked.

Senior Counsel Bhushan submitted that he has not misused his bail conditions at all.

"The Bail granted was by a bench I was a part of right?" CJI asked.

Bhushan informed the Court that it was a bench of Justice Chalmeshwar and Justice Sikri, and CJI Bobde was part of the Bench later on when he was permitted to go to Kerala when his son was getting married.

Justice V Ramasubramanian stated that he may have appeared for him in the past.

The Bench them asked Senior Counsel Bhushan to check if it's possible that Justice Ramasubramanian represented Maudany in the past.

In the present application, Maudany has sought relaxation of his bail condition, on the ground that the undertaking on the basis of which bail conditions survives have since lapsed and the trial has not been concluded even after 6 years.

The applicant has contended that he suffers from multiple ailments and his health condition is worsening. Ever since he was remanded to custody, he has been denied proper and timely treatment on account of which he has also lost total vision in his right eye.

The applicant has argued that progress of case before trial court is crawling at snails pace and was hampered on several occasions. The prosecution has miserably failed to adhere to schedule of trial which was also scuttled due to inability to bring witnesses in time. Maudany has contended that there is no Presiding Officers in the trial at present , as after the recent transfer of the officer no other officer has been appointed. This shows that trial may not be concluded anytime soon.

The applicant has further sought the relaxation on the ground that his father suffered a stroke and is in a partially paralysed condition. Also his presence is not argued required at this stage of the trial

The Apex Court had in 2014 granted Maudany bail till pendency of trial before before the Additional City Civil Judge on grounds that he was an under-trial prisoner and had been judicial custody for 4 years and was suffering from ailments like diabetes, heart disease, etc. The bail was granted in a special leave petition filed by Maudany challenging order of the Karnataka High Court. After confessions were made by suspected T Nazir, Lashkar-e-Taiba operative linking Madani to the Bangalore blasts that had led to death of one person and injury to 20 others, Abudul Madani was named as the 31st accused in chargesheet filed by the police.

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