Supreme Court has on Monday adjourned the plea filed by Abdul Nazir Maudany, prime accused in the 2008 Bangalore serial bomb blast case to next week, reports Live Law.
A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian were hearing an application filed by Maudany, Kerala-based PDP Chairman, seeking relaxation of bail condition asking him to not leave city of Bangalore, to the extent that he be permitted to travel to his hometown in Kerala till pendency of trial.
Maudany was seeking relaxation of condition imposed by the Apex Court while granting him bail on 11th July 2014.
During the hearing Justice V Ramasubramanian stated that he may have appeared for him in the past, says Live Law reported. The Court thus has asked the petitioner counsel to check if Justice Ramasubramanian who is part of the present Bench, had appeared for Maudany in the past.
Sr Adv Jayant Bhushan appearing on behalf of Maudany submitted that they are seeking relaxations in the conditions of bail granted. The condition was that he has to remain in Bangalore. Bhushan submitted that Maudany has not misused his bail conditions at all.
In the present application, Maudany has sought relaxation of his bail condition, on the ground that his trial is crawling at snail's pace and was hampered on several occasions which has not been concluded even after 6 years.
The petition also argues that the prosecution has miserably failed to adhere to the schedule of trial which was also scuttled due to inability to bring witnesses in time. Maudany has contended that there is no Presiding Officers in the trial at present , as after the recent transfer of the officer no other officer has been appointed.
The applicant has contended that he suffers from multiple ailments and his health condition is worsening. Ever since he was remanded to custody, he has been denied proper and timely treatment on account of which he has also lost total vision in his right eye.
The applicant has further sought the relaxation on the ground that his father suffered a stroke and is in a partially paralysed condition. Also his presence is not required at this stage of the trial.
The apex court had in 2014 granted Maudany bail till pendency of trial before the Additional City Civil Judge on the grounds that he was an under-trial prisoner and had been judicial custody for 4 years and was suffering from ailments like diabetes, heart disease, etc.
The bail was granted in a special leave petition filed by Maudany challenging the order of the Karnataka High Court. After confessions were made by suspected T Nazir, an alleged Lashkar-e-Tayyiba operative linking Maudany to the Bangalore blasts that had led to the death of one person and injury to 20 others, Abudul Madani was named as the 31st accused in the chargesheet filed by the police.
(From Live Law with edits)