SC refuses bail to suspected IM operative

The Supreme Court today refused to interfere with a Delhi High Court order dismissing the bail plea of a suspected Indian Mujahideen (IM) member, who was deported from Saudi Arabia in 2012 in a case relating to the setting up of an alleged illegal arms factory here.

A bench headed by Justice Ranjan Gogoi granted liberty to accused Fasih Mahmood to approach the lower court for regular bail if the trial in the case was being "prolonged".

"In the facts of the case, we are not inclined to interfere. However, we leave it open to the petitioner (Mahmood) to move the trial court for regular bail once again in the event the trial gets prolonged and is not disposed of within a reasonable period, that is six months from today," the bench, which also comprised Justices R Banumathi and Navin Sinha, said.

Mahmood had approached the apex court challenging the April 17 order of the high court dismissing his bail plea. The Delhi Police had on May 23 opposed his plea before the top court.

The high court had dismissed the bail plea of Mahmood, who is alleged to be an aide of IM co-founder Yasin Bhatkal, observing that there was no valid reason to grant him the relief considering the gravity of offence and serious allegation against him.

The high court had also noted that the accused has already been denied bail earlier by the high court as well as the apex court.

The Special Cell of Delhi Police had alleged that a huge quantity of arms and ammunition were recovered from an illegal arms factory located in Meer Vihar area here. It had also claimed that Bhatkal and others, including Mahmood, were part of the conspiracy to carry out terror strikes in the country.

The accused has denied all the allegations.

Mahmood, a mechanical engineer by profession, was alleged to be one of the key members of the IM's dreaded 'Darbhanga module' which had allegedly carried out various terror strikes in the country since 2008.

The police had alleged that he was the "motivator" for driving the youth to join the IM and charge sheeted him for the alleged offences under the Indian Penal Code, Explosive Substances Act and the Unlawful Activities Prevention Act.

Mahmood was deported from Saudi Arabia and was arrested at the IGI Airport here on October 22, 2012. He was detained in Saudi Arabia in May 2012.