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Tuesday, December 26, 2000

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Bail refused to blast case accused

MUMBAI, DEC. 25. A TADA court has rejected the bail plea of serial blasts accused, Manzoor Ahmed Sayeed, who had allegedly transported arms and ammunition from the bungalow of film star Sanjay Dutt to the residence of another accused in furtherance of conspiracy to cause explosions.

The bail was rejected on December 22 by the designated judge, Mr. P. D. Kode, on grounds that he misused his liberty earlier.

Manzoor was released on bail in 1995 along with Sanjay Dutt but was taken back in custody in March this year after the CBI alleged his involvement in a fresh case of extortion. His bail was subsequently cancelled.

The trial in the extortion case did not proceed because the magistrate felt that the serial blast case should get precedence. Now that the blasts trial had concluded, Manzoor urged for bail to face trial in another case.

Manzoor is alleged to have carried weapons from Sanjay Dutt's Bandra residence to the house of co-accused Zebunisa Kazi. However, the watchman of Zebunisa's building had not identified manzoor.

Even Sanjay Dutt has not named him. He had only said in his confession that one person had accompanied notorious gangster Abu Salem to his house, according to Manzoor's lawyer Mr. Majeed Memon and Mr. Subhash Kanse said.

The CBI prosecutor, Mr. A. B. Belgal, relied upon Manzoor's statement who had allegedly confessed that he had indeed gone to Sanjay's residence to pick up the weapons. In the TADA Act, the statement of an accused is considered as a piece of evidence, he said.

The CBI submitted that Manzoor misused his bail condition earlier by indulging in similar crime and was likely to do it again if released on bail. The accused was trying to seek the review of court's earlier order of cancellation of bail.

Manzoor's counsel Majeed Memon and Subhash Kanse argued that the accused was not asking the court to review its own order but was seeking a fresh bail considering the advanced stage of trial.

In the other case pertaining to extortion he is already on bail and his custody in serial blast trial was causing him hardship because the trial could not start without him, his lawyers urged.

The judge felt that bail granted by the courts should not be allowed to be used by accused as charter for committing further offences thereby making a mockery of justice.

The court could not use its discretion repeatedly to enlarge the accused particularly when an accused is himself responsible for cancellation of bail.

- PTI

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