The court allowed Dar's bail plea noting that he was in custody in the money laundering case for over five years which was 70 per cent of the maximum sentence of seven years for the offence.
"In these facts and circumstances and keeping in view that Tariq Ahmed Dar as on date has been in custody in the present proceedings for about five years and five months out of a maximum possible sentence of seven years, I admit him to bail subject to him furnishing a personal bond of Rs 25,000 with one surety of the like amount," Additional Sessions Judge Reetesh Singh said.
The court had acquitted two others -- Mohd Rafiq Shah and Mohd Hussain Fazili -- of all charges, saying the special cell of the Delhi Police had "miserably failed" to prove the charges against them.
Dar is facing trial in the related money laundering case lodged by the Enforcement Directorate (ED) for allegedly possessing proceeds of crime which was punishable under Sections 3 and 4 of Prevention of Money Laundering Act (PMLA).
when Dar was already in judicial custody in the blasts case lodged by the Delhi Police. He has been in custody in the PMLA case since September 26, 2011.
In the last hearing, Special Public Prosecutor N K Matta, appearing for ED, had opposed the bail plea saying the accused could be granted bail only if there were reasonable grounds for believing that he was not guilty of the alleged offence under PMLA.
He had argued that under the PMLA provisions, the onus of proving innocence was on Dar as, once charges are framed, the court will have to presume that he has committed the offence.
Senior advocate Satish Tamta, representing Dar, had said the court has acquitted him under section 17 of UAPA which was an offence relating to raising and distributing funds for commission of a terror act.
He had submitted that Dar be granted bail as he was in custody in the PMLA case for nearly five years and five months and the maximum sentence for the alleged offence was seven years.
Three separate cases were registered by police after the blasts. The court had clubbed all the three cases for the purpose of recording of evidence.
As per the prosecution, Dar had allegedly hatched a conspiracy with the LeT militants to plan and carry out the bomb blasts in the national capital.
Dar has remained in jail for over 11 years in the main case and has already undergone the 10-year jail term awarded to him.
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