Additional Solicitor General Anil Singh, appearing for NIA, said the agency has already held that the provisions of stringent Maharashtra Control of Organised Crime Act (MCOCA) are not applicable in the case.
A division bench of Justices R V More and Shalini Phansalkar-Joshi was hearing an appeal filed by Sadhvi challenging a sessions court order rejecting her bail.
"The earlier probe agency, Maharashtra Anti Terrorism Squad (ATS), had applied MCOCA on the ground that the accused persons were involved in other blasts also and hence were part of an organised crime syndicate. However, the NIA probe has revealed that the accused persons were only involved in Malegaon blast and hence MCOCA is not applicable," Singh said.
Sadhvi, in her bail plea, claimed that she has been languishing in jail for over six years and with two probe agencies submitting contradictory findings to the court, it would not be correct to keep her in jail.
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"The trial will take a long time to commence and conclude. The charges are yet to be framed in the case. The applicant is a woman who is suffering from a terminal disease. Hence, it would proper for the court to grant her bail with whatever conditions it wishes to impose on her," said the plea.
The HC will hear the plea again on January 31.
A bomb strapped to a motorcycle had exploded in Malegaon on September 29, 2008, killing seven people and injuring around 100.
According to the investigating agencies, the blast was carried out by right-wing extremists and a total of 11 persons are at present in jail in the case, including Lt Col Prasad Purohit and Sadhvi.