Pune German Bakery blast case: Bombay High Court grants bail to Mirza Himayat Baig after 13 years

Mirza Himayat Baig. File Pic/Bipin Kokate/Midday

After more than 13 years since his arrest by the Maharashtra Anti-Terrorism Squad (ATS) in connection with the 2010 Pune German Bakery blast case, Mirza Himayat Baig has been granted bail by the Bombay High Court.

The verdict was pronounced by a division bench comprising Justice Revati Mohite-Dere and Justice Gauri V Godse, who had concluded the hearing and reserved the decision on December 19, 2023. Baig, currently held at Nashik Central Prison, had appealed against the rejection of bail by a trial court.

The Bombay high court, in its ruling, permitted Baig's appeal in the Pune German Bakery blast case and ordered his release upon furnishing a personal bond of Rs 1 lakh along with two sureties of the same amount. Additionally, he has been directed to report to ATS-Nashik on the second Saturday of each month and is restricted from leaving the jurisdiction of the trial court in Nashik. The High Court declined the ATS's request to stay the operation of the bail order.

Mirza Himayat Baig was arrested on September 7, 2010, with the ATS claiming to have recovered approximately 1.2 kilograms of RDX from his residence in Udgir.

In 2016, the Bombay acquitted Baig of murder, attempt to murder, charges under the Unlawful Activities Prevention Act, 1967, and conspiracy, but held him guilty under Section 5(B) of the Explosives Substances Act, 1908, for possession of explosives in suspicious conditions and carrying forged documents (Section 465 of the IPC), leading to a life imprisonment sentence.

The Pune German Bakery blast on February 13, 2010, resulted in the death of 17 people, including five foreign nationals, at the popular eatery in Koregaon Park.

Baig was arrested by the Maharashtra anti-terrorism squad (ATS) in September 2010, seven months after the bomb ripped through Pune's landmark, killing 17 persons and injuring 60 others.

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Advocate Mubin Solkar, representing Baig, argued that his client had been incarcerated for over 13 years, emphasizing that the prosecution relied heavily on the statements of two witnesses who studied with Baig.

These witnesses claimed that in December 2006, four years before the incident, Baig allegedly instigated them to join the Lashkar-e-Taiba (LeT). Solkar pointed out that at the time of the alleged meeting, LeT was not declared a banned terrorist organization, which occurred in December 2008. He also highlighted that the witnesses were never recruited, rendering their allegations non-substantiated.

Moreover, Solkar asserted that 30 more witnesses were yet to be examined during the ongoing trial, supporting the plea for Baig's release on bail.

The Additional Public Prosecutor, P P Shinde, opposed the appeal, contending that Baig had sent recruits to Pakistan. The chargesheet filed on December 4, 2010, named Baig and six others, including Zabiuddin Ansari, Fayyaz Kagzi, Yasin Bhatkal, Iqbal and Riyaz Bhatkal, and Mohsin Chaudhari.