The Bombay High Court on Thursday granted bail to Mohammed Afroze, convicted by a POTA court on charges of conspiring with international terrorist organisation al-Qaeda to attack places of importance in India, Australia and the United Kingdom.
Admitting Afroze's plea against his conviction, Justice A M Khanwilkar granted bail to him on a bond of Rs 1 lakh with instruction to attend the office of the Deputy Commissioner of Police on the first Monday of every month. In keeping with a judicial directive, Afroze has already deposited his passport with the court, his lawyer Mubin Solkar said.
The special judge had sentenced Afroze to seven years' rigorous imprisonment and imposed a fine of Rs 20,000 under various sections of the Indian Penal Code. He was arrested on December 4, 2001 and charged under POTA.
Later, POTA sections were dropped and he was tried under IPC for the offences. Afroze challenged his conviction in the High Court, stating that the special court did not have the right to try his case as the POTA charges against him were dropped.
Once the POTA was withdrawn, the special judge has to transfer the case to a regular court, trying cases under the IPC, Afroze's lawyer Mubin Solkar argued. He added that as per the law, it was mandatory on the part of the judge. Afroze's petition also contended that the police had failed to provide evidence against him.
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