Pointing out that there is not even any tangent evidence brought on record by the prosecution which could attract even slightest culpability on Sadhwi Pragya Singh in the Malegaon Blast case, Senior Counsel Mahesh Jethmalani has challenged any further detention of her in the judicial custody.
Senior Counsel Mahesh Jethmalani contended that though under the MCOC, the ‘bail’ is an exception, if the innocence of the accused is beyond the reasonable doubt, then there was no impediment in releasing her on bail at all.
Further detention of Sadhwi Pragya would be contrary to the verdict delivered by the Supreme Court of India in Ranjeet Sharma’s case way back in 2005 and so also in the case of State of Kerala V/s. Raneef delivered by Justice Markendaya Katju and Justice Gyan Sudha Mishra, pleads Jethmalani.
Jethmalani has claimed total innocence of his client Sadhwi Pragya Singh before Justice R. C. Chavan of Bombay High Court by contending that the very remand report dated 28 December, 2012 filed by the NIA before Special NIA Court while seeking the further custody of Dhansingh Chaudhary had ‘explicitly stated’ that the two wheeler in question that was used for carrying out the explosions at Malegaon in 2008 was brought by him and his associates at the instance of absconding Ramji Kalsangrah and Sandeep Dange from Indore to Malegaon.
If this is so, then very foundation of the prosecution that Sadhwi had provided her LML Freedom two wheeler to carry out the blast on the basis of which she came to be arrested way back in October, 2008 gets shackled, said Jethmalani.
Reiterating that as Sadhwi had sold her two wheeler way back in October, 2004 to her acquaintance Sunil Joshi, she had no reason to have any kind control over the movements of the vehicle. As it was in use and possession of Ramji Kalsangrah, going by the very remand report produced by the ATS before Nasik Court on 03.11.2008, witness statement of Sadhwi’s disciple from Indore.
However, the very confessional statement of Sudhkar Dwivedi alias Swami Amrutanand Teerth alias Shankaracharya recorded before the Addl. Chief Metropolitan Magistrate Mumbai even if taken at the face value, which was subsequently retracted by him, shows that Lt. Col. Prasad Purohit and Ramji Kalsangrah were knowing each other, before two met in his presence at Ujjain’s Mahakali temple on 3 August, 2008 and hence prosecution story that she had introduced these two men to Shankaracharya Indore Circuit House on or about 1st July, 2008 does not hold water.