Read Time: 07 minutes

Synopsis

A division bench of the Bombay High Court comprising Justice Revati Mohite Dere and Justice Gauri Godse recently granted bail to 41-year-old Afroz Khan after 17 years who was sentenced to life imprisonment by a Special Maharashtra Control of Organised Crime Act Court in the 2006 Aurangabad Arms Haul case.

Khan had filed a plea before the high court seeking suspension of sentence and sought bail from the high court pending disposal of the appeal against the order of the special court. 

In July 2016, the special court convicted 7 out of 12 accused out of which one was Khan.

The Maharashtra Anti Terrorism Squad during the investigation had seized AK47, RDX, cartridges, and hand grenades from the accused. 

Advocate Mubin Solkar and Advocate Tahera Qureshi appearing for Khan argued that the prosecution had not proved charges against Khan and that he did not have a specific role. They submitted the court had convicted Khan in an arbitrary and perverse manner. It was also submitted that there was no proof to show that Khan had collected funds from Bangladesh as alleged by the prosecution. 

Senior Advocate Raja Thakare appearing for the State Government argued that it was not a fit case for bail and that there was evidence that Khan was guilty based on material seized by the officials.

The bench in its order recorded that prima facie there was nothing to show that Khan had gone to Bangladesh to procure funds.

"We may note that apart from the aforesaid confession of the two co-accused i.e. Mohammed Amir (A-1) and Aakif (A-11), where there is a reference to the applicant, no other corroborative material/evidence has been pointed out by the prosecution, to show that the applicant infact visited Bangladesh via Calcutta and that the applicant brought funds pursuant thereto. 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. Admittedly, both the said confessions have been retracted. Nothing has been recovered at the instance of the applicant," the bench recorded

The high court also noted that it had granted bail to a co-accused in July 2022 and that the Khan had completed a course in B. A while in custody followed by Masters in Political Science

"We, vide order dated 15th July 2022, have suspended the sentence of the co-accused-Bilal Ahmed Abdul Razaq @ Bilal, after considering the evidence qua the applicant therein. The applicant herein stands on a better footing. 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 bench noted 

The high court allowed the application while finding that prima facie Khan had made out a case for suspension of his sentence and enlargement on bail, pending the hearing and final disposal of his appeal.

The court in its order directed Khan to submit his passport to the investigating officer and not leave the jurisdiction of Maharashtra without permission of the court.

Case title: Afroz Khan Shahid Khan Pathan vs State of Maharashtra