Bombay HC expresses doubts over state’s petition

The Bombay high court on Monday asked the special public prosecutor to take instructions and file a reply in connection with the 2002 Mulund triple bomb blasts case, since the court was of the opinion that the state government’s appeal to have enhanced punishment for a few of the accused did not seem maintainable.

A division bench of Justice Abhay Oka and Justice Amjad Sayed asked the special public prosecutor, Rohini Salian, to take instructions about the state’s appeal against some of the accused because defence counsel Yug Mohit Choudhary, on behalf of Jamiat-e-Ulema Maharashtra, argued that some of the accused have already undergone the maximum legally prescribed period but the government has still filed an appeal seeking enhancement of their punishment.

Advocate Choudhary also pointed out to the court that the state, in its appeal, has also named three acquitted accused in the list of respondents, which is not permissible in an appeal that seeks enhancement of punishment. According to him, the state needs to file a separate appeal if it wants to challenge the acquittals. Following this, the prosecution sought the court’s permission to delete the names of the three acquitted accused from the list of respondents.

As an example, advocate Choudhary told the court that two of the convicted accused were facing a maximum punishment of three years. He said that during arguments on the quantum of punishment, the public prosecutor had said that he is leaving it to the court to decide their punishment and the trial court had awarded them two years’ imprisonment. It was also pointed out to the court that both the accused have already undergone eight years of imprisonment during trial, while the sections under which they have been convicted provides for a maximum sentence of three years. So, how can the state seek enhancement of their punishment, the defence counsel asked.