After nearly 17 years, the Bombay High Court has granted bail to Afroz Khan, a 41-year-old man who was convicted and sentenced to life imprisonment in connection with the 2006 Aurangabad arms haul case.
The court's division bench, comprising Justice Revati Mohite-Dere and Justice Gauri Godse, allowed Khan's plea for bail pending the hearing and final disposal of his appeal against the conviction.
In addition to granting bail, the court also suspended Khan's sentence until the final disposal of his appeal. The bench concluded the hearing and reserved its verdict on June 6 before reaching this decision.
Khan surrendered before the court on June 13, 2006, following which the special Maharashtra Control of Organised Crime Act (MCOCA) court sentenced him to life imprisonment. The special court had convicted 12 individuals in July 2016, sentencing seven of them, including Sayed Zabiuddin Ansari alias Abu Jundal, who was involved in the 26/11 attacks, to life imprisonment. Two others received 14-year sentences, while three were given eight-year sentences. Eight individuals were acquitted of all charges.
The case originated when the Maharashtra Anti-Terrorism Squad (ATS) arrested three terror suspects after chasing cars on the Chandwad-Manmad highway near Aurangabad on May 8, 2006. Jundal, the main conspirator, managed to escape at that time but was later arrested in 2012 after being deported from Saudi Arabia. The ATS seized a substantial amount of weaponry, including AK 47 rifles, live cartridges, RDX, and hand grenades, from various locations.
During the bail plea hearing, Khan's lawyers argued that the prosecution had failed to prove the charges against him and that no specific role was attributed to him in the case. They contended that the trial court had convicted him in an arbitrary and perverse manner, resulting in a severe and harsh sentence. The defense also highlighted the lack of evidence supporting the claim that Khan had visited Bangladesh to collect funds as alleged by the prosecution.
The bench, in its verdict, stated that apart from the confessions of two co-accused mentioning Khan, no other corroborative evidence was presented by the prosecution to substantiate his alleged visit to Bangladesh or involvement in the larger conspiracy. The bench also noted that both confessions had been retracted and no incriminating evidence was recovered based on Khan's statements.
Considering Khan's prolonged custody of 17 years and his educational achievements while in prison, such as completing a Bachelor's degree and a Master's degree in Political Science, along with a six-month yoga course, the court deemed him eligible for the suspension of his sentence and granted him bail.
As part of the conditions for bail, Khan must furnish a personal bond of Rs 50,000 with sureties and report to the ATS every two months. He is also required to keep the trial court and ATS informed about his current address and contact details. This decision comes after a similar bail was granted to co-accused Bilal Ahmed Abdul Razaq in July 2022.
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