Supreme Court has been approached by Abdul Nazir Maudany, accused in the 2008 serial bomb blast case seeking relaxation of condition imposed by the Apex Court while granting him bail on 11th July 2014.
An application has been filed before the top court by Maudany, Kerala-based PDP Chairman, seeking relaxation of the condition whereby he was directed to not leave the city of Bangalore. Maudany has sought relaxation to the extent that he be permitted to travel to his hometown in Kerala till pendency of trial.
The relaxation has been sought on the ground that the undertaking on the basis of which bail conditions survives have since lapsed and the trial has not been concluded even after 6 years.
The applicant has also cited the top Court's observation in his case where the Court had stated that asked the trial court regarding the desirable time required to complete trial of all accused if the cases were tried separately or jointly.
The applicant has argued that progress of case before trial court is crawling at snails pace and was hampered on several occasions. The prosecution has miserably failed to adhere to 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. This shows that trial may not be concluded anytime soon.
According to Maudany, it has already been 11 years since his arrest and he has spent 7 years in Bangalore under conditional bail while he has only been in his hometown for 25 days in last 11 years.
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.
However according to the applicant he was unable to take the alternative methods of treatment including Ayurveda due to the embargo on him to move beyond limits of jurisdiction of Bangalore city. He is also unable to avail proper healthcare due to high rate of Covid19 cases in Bangalore.
The applicant has further stated the the Apex Court has already relaxed his bail conditions previously and permitted him to travel to his hometown on three previous occasions. The applicant has stated that he has always adhered to bail conditions imposed and there have been no complaints against him.
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 argued required at this stage of the trial
The present applicant has been filed by Advocate RS Jena on behalf of the applicant.
The Apex Court had in 2014 granted Maudany bail till pendency of trial before before the Additional City Civil Judge on 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 order of the Karnataka High Court.
After confessions were made by suspected T Nazir, Lashkar-e-Taiba operative linking Madani to the Bangalore blasts that had led to death of one person and injury to 20 others, Abudul Madani was named as the 31st accused in chargesheet filed by the police.