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Lt Col Prasad Shrikant Purohit, the accused in the Malegaon blast, was taken to a special NIA court on 22 August for a hearing on his discharge application, a day after the Supreme Court granted him bail.
Stepping outside the Taloja jail in Mumbai, Purohit was welcomed with flowers as he told the media that he was "very happy" with the Supreme Court ruling. On 21 August, a bench of Justices RK Agrawal and AM Sapre said they were setting aside the Bombay High Court order which denied bail to Purohit.
The apex court said it has imposed certain conditions on Purohit while granting bail. Reacting to the judgement, Purohit’s lawyer Harish Salve said:
On 17 August, the Supreme Court reserved its order on Purohit’s bail plea hearing. Arguing for Purohit, Harish Salve urged the Supreme Court bench to grant interim bail “for interest of justice”. The National Investigation Agency (NIA) had, however, opposed Purohit’s bail plea, stating that there were enough evidence against him.
Col Purohit said he had participated in the Abhinav Bharat meetings, a right-wing extremist organisation, but as an army mole. He argued that the documents provided by the Commission of Inquiry only proved that he was indeed an army informer.
Arguing for Purohit, Salve had alleged that his client was “falsely implicated” in the blast case by the Anti-Terrorist Squad (ATS).
The Supreme Court had said the issue of granting bail to Purohit and cancellation of Sadhvi Pragya Singh Thakur’s bail, who are both accused in the 2008 Malegaon blast case, needed detailed consideration.
Commenting on the Supreme Court's verdict on Monday, former ATS chief KP Raghuvanshi told ANI:
Purohit had moved the apex court, challenging the Bombay High Court's order dismissing his bail plea, while Nisar Ahmed Haji Sayed Bilal, father of one of the blast victims, challenged the Bombay High Court order granting bail to Sadhvi Pragya Thakur.
The petitioner alleged that Thakur was a "powerful person" and could influence the witnesses in the case. He had sought a stay on the High Court's 25 April order granting her bail, saying there was "no prima facie evidence against her".
The apex court had, on 28 July, sought the Maharashtra government's reply on the plea seeking cancellation of Thakur's bail.
The NIA had filed its reply in the case of Purohit, saying there was ample evidence against him, but no evidence against Thakur. The apex court had on 5 May also sought a response from the NIA and the Maharashtra government on the plea of Purohit seeking bail.
The 4,000-page chargesheet had alleged that Malegaon was selected as the blast target because of a sizeable Muslim population there. It had named Thakur, Purohit and co-accused, Swami Dayanand Pandey, as the key conspirators.
The chargesheet also alleged that it was Pandey who had instructed Purohit to arrange explosive RDX, while Thakur owned the motorcycle which was used in the blast.
The Army will review Col Purohit’s suspension from service after examining the court order, army sources said on Monday.
They said Purohit will be placed under same restrictions as an officer in “open arrest” and his movement will be confined to his residential accommodation and camp of his unit.
"He will have to report back to his unit after getting out of jail. He can be attached to any other unit after that," said a source.
The Congress accused the BJP government of “protecting” all the accused “connected to the RSS”.
The opposition party also raised questions over National Investigation Agency (NIA) chief Sharad Kumar getting two extensions and hoped that justice would be done in the Malegaon serial blasts case “without fear or favour”.
Union Minister Kiren Rijiju dismissed the Congress' accusations, saying whoever deserved justice would get it.
Rijiju added that he would not like to comment on statements made by Digvijaya Singh on the issue.
After the Supreme Court granted bail to Purohit, AIMIM chief Asaduddin Owaisi accused the Modi government of "going soft" on terror cases.
Owaisi said a terror accused like Purohit should not be "glorified as is being attempted by some people".
"Also, public prosecutor Rohini Saliyan has alleged that she was being pressurised by the NIA officers to dilute the case," he said.
(With inputs from PTI , ANI and IANS. This story has been updated.)
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