The Bombay High Court has reserved its order on the bail plea of Sadhavi Pragya Thakur, prime accused in the 2008 Malegaon bomb blasts.
The order was reserved by a bench headed by Justice P V Hardas after arguments by National Investigation Agency (NIA) and the accused concluded on February 12.
Sadhavi urged for bail on the ground that she was sick and had spent more than five years behind the bars.
Her lawyer, U R Lalit, argued there was no direct evidence against Sadhavi to implicate her in the crime.
Senior Counsel Lalit said the issue of invoking Maharashtra Control of Organised Crime Act (MCOCA) in this case was pending before the Supreme Court and it is not known when the decision would come. Hence, Sadhavi should be granted bail at this stage.
Moreover, he said, the allegation that Sadhavi had participated in conspiracy meetings where she had offered to provide manpower to carry out blasts was not relevant because what she had said it in an emotional outburst, and there was no evidence to show that she had taken part in the crime.
However, prosecutor and NIA Counsel Rohini Salian said there was much evidence to show that Sadhavi had participated in conspiracy meetings at Bhopal and Jabalpur organised by Abhinav Bharat where it was planned to carry out blasts. Some witnesses have given statement to police in this regard, she said.
A two-wheeler registered in the name of Sadhavi was also found at the site of the blast and this allegedly showed her involvement, the prosecutor argued.
Sadhavi was arrested on October 23, 2008 and sought bail on the ground that she is suffering from spondylitis, tumour and other ailments for which hospitalisation is needed.
While NIA had offered to get her admitted to Tata Memorial Hospital in Mumbai earlier, she refused to undergo the treatment in police custody, saying she wanted to be released on bail first.
