Consider parole application of bomb blast convicts: HC
   Date :10-Jun-2020

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Staff Reporter ;
 
NAGPUR bench of Bombay High Court, on Tuesday, issued notice to prison authorities and Divisional Commissioner on a petition filed by 1998 Mumbai bomb blast case convicts seeking emergency parole. A division bench consisting of Justice Ravi Deshpande and Justice Amit Borkar, after hearing the matter for some time, issued a formal notice and asked the authorities to consider the parole application without getting bogged down by the fact of conviction in bomb blast case as even on earlier occasions they were released on parole. Petitioners Asgar Kadar Sheikh and Mohd Yakub Nagul were convicted in 1998 bomb blast case which had rocked local trains of Mumbai in 1998.
 
Five blasts were carried out - at Kanjurmarg station, near Virar station, on railway tracks between Goregaon and Malad, near Santacruz railway station and on platform number 2 at Kandivali station - between January 23 and February 27, 1998. The blasts had killed four persons and had left 30 others injured. The trial court on June 29, 2004, had convicted Javed Gulam Hussain, along with Aftab Sayeed, Asgar Kadar Shaikh, Kadeer Mohammed Shafi, Khalid Ansari, Shabeer Basheer Chavan, Jaffar Shaikh, Mohd Yakub Nagul, Mohammed Chauhan, Ashfaque Shaikh, Farooque Yusuf Shaikh and Aftab Shaikh.
 
The petitioners had contended that they had applied to the jail superintendent Nagpur for release on emergency parole in view of amended Parole and Furlough Rules. Fifteen convicts were released on emergency parole but petitioners were not released as they were convicted in bomb blast case. It was further submitted that, jail superintendent Aurangabad had released their co-accused Jafar Haq Sheikh on emergency parole but petitioners were not released.
 
It was submitted that, petitioners were eligible to be released as per amended rules as they had previously been released on parole as well as furlough and they had surrendered in due dates except on a couple of occasions. The High Court noted that the authorities seemed to have refused to release the petitioners on the ground that they are involved in bomb blast case and asked them to consider the facts of earlier release on parole and if thought fit, may pass an appropriate order. Adv Mir Nagman Ali appeared for petitioners. APP Mrunal Naik represented state.