HC chides prosecution for not gathering enough evidence

Mumbai, Jan 15 (UNI) The Bombay High Court today chided the prosecution for pressing for the conviction of a person, allegedly involved in the three blasts in Mumbai between December 2002 and March 2003, without gathering sufficient evidence.

''You should have investigated further and gathered evidence to support your contention,'' Justice J N Patel told the prosecution.

A division bench comprising justices Patel and R S Mohite will pass an order on the bail application moved by Arif Hasan Shaikh alias Paanwala tomorrow.

During the hearing on the bail application today, the prosecution told the court that Paanwala was co-conspirator in the three blasts that rocked Mumbai between December 2002 and March 2003.

Defence counsel Baba Chitnis submitted before the court that there was no material evidence against his client who was being implicated in the matter solely on the statement of a co-accused.

This was inadmissible as evidence, the defence counsel contended.

Opposing the bail, public prosecutor Satish Borulkar contended that the statement of the co-accused can not be ignored completely.

He cited cricketer Navjot Singh Sidhu's case in support of his contention.

The public prosecutor told the court that Paanwala had a public telephone installed in his shop and the State had acquired records of the calls made from this phone which show that calls were made to other accused.

Besides, a co-accused had stated that Paanwala had provided shelter to Janab Paloba, an absconding accused who has been charged with planting the bombs.

UNI