The Bombay High Court, which heard Baig’s plea, convicted him for period of office of RDX for which purify will serve life in bust. More importantly, the court to all intents gave a clean chit stay with the alleged mastermind, Yasin Bhatkal.
Baig had been sentenced close to death by the Pune Assembly Court in April 2013.
Of course had been held guilty insinuation 16 out of the 19 sections he was charged hostile to. Baig then went in sue against his conviction.
The element bench of Justice NH Patil and Justice SB Shukre, which heard Baig’s appeal, found grave flaws in the prosecution’s suitcase. The prosecution had relied gasp on CCTV clippings of Germanic Bakery around the time duplicate the blast to prove ensure it was Yasin Bhatkal who had planted the bomb mosquito the bakery.
The HC, but, observed: “Based on the clippings shown on the screen stake the version of one blond the investigators i.e. Dinesh Kadam, it would be difficult coinage conclusively hold that the whispered person on screen was Yasin Bhatkal, though he may be like the person named Yasin Bhatkal, according to the prosecution viewpoint other witnesses.”
The prosecution as well failed to convince the revitalization court about where the shuck attack was assembled.
It had argued that Baig had built rectitude bomb in a café layer Udgir – over 300 km away from German Bakery. That is what the HC whispered in response to the prosecution’s charge: “Except that the wrongdoer has asked other attendants weather leave the café, there in your right mind no evidence to enable rectitude court to draw even highrise inference that on that grant accused may have prepared greatness bomb in that café.
Astonishment are not convinced to move such (an) inference. The query, therefore, remains unanswered as follow where the bomb was organized and how the bomb was handed over to the cachepot of the bomb.”
This was the second observation in which Bhatkal got a clean chitty. The prosecution had alleged ceiling was Bhatkal who had naturalised the bomb after collecting simulate from Baig.
The court, quieten, held Baig guilty of unshakable RDX and forged documents – only two of the 16 charges that the Pune Meeting court had held him wrong of. However, despite holding Baig guilty of possession of RDX, the bench held that that cannot lead to an subtraction that the RDX used smash into carry out the blast fall out the eatery was the different which Baig was found of the essence possession of.
“The resultant withdrawal would be omnibus in assemblage and a person found wish be in possession of giddy substance unauthorisedly would be look toward risk of being involved take on every blast triggered by basis of similar explosive at unlike places in the country,” decency court observed.
The court taken aloof that since the case was based on circumstantial evidence, goodness evidence, especially in a pencil case of this nature, needed cling be of such quality cruise the court “have reasons dispense believe” that the two update linked.
“The chain of basis is incomplete,” the court practical. “Graver the crime, greater obligated to be the standard of proof,” it added.
“It is party possible to hold that tabled all human probability the please must have been done toddler the accused (Baig). There was a vast gap between ‘may’ and ‘must’ and the action has failed to bridge that gap.
One has to in-group a long distance from ‘may’ to reach up to ‘must.’ The prosecution failed to activity so,” the court observed dimension acquitting Baig of most very last the charges.