2006 Aurangabad Arms Haul Case: Bombay HC Grants Bail To Convict Afroz Khan

The Bombay High Court has recently granted bail to Afroz Khan, a convict in the 2006 Aurangabad arms haul case, after suspending his sentence. Khan was accused of visiting Bangladesh and bringing back funds for terrorist activities.

A bench of Justice Revati Mohite Dere and Justice Gauri Godse stated that the confessions of two co-accused, which formed the basis of Khan’s conviction, did not provide sufficient evidence to establish that he had actually traveled to Bangladesh.

The bench noted that “Neither of the aforesaid confessions where there is a reference to the applicant, prima facie show that the applicant had infact gone to Bangladesh and had got funds or that the applicant had knowledge or reason to believe the purpose for which, he was sent to Bangladesh or of the larger conspiracy.”

Considering Khan’s 17-year imprisonment, during which he pursued his education and engaged in de-radicalization sessions in prison, the court granted him bail. Court observed, “The applicant is in custody for the last 17 years. It appears that the applicant whilst in custody completed his B.A through IGNOU and secured 63% and later did his Masters in Political Science. It also appears that the applicant has done a 6-month Yoga Course and is working in the Jail Hospital at Taloja. It also appears that the applicant is conducting counseling and de-radicalization sessions in Prison with the help of jail authorities.”

Afroz Khan, who was convicted and sentenced to life imprisonment under various sections of the Unlawful Activities (Prevention) Act for conspiracy to commit terrorist acts, has filed a bail application before the Bombay High Court. Khan was found guilty by a special court under the Maharashtra Control of Organised Crime Act, but acquitted of certain offenses under the Unlawful Activities (Prevention) Act, Arms Act, Explosive Substance Act, Explosives Act, and Maharashtra Control of Organized Crime Act.

The case against Khan stemmed from investigations into the Nanded Bomb Blast Case, seizure of explosives in Buldhana, and bomb blasts that occurred in Marathwada in 2002 and 2003. The Anti-Terrorism Squad (ATS) received information about possible transportation of explosives in the region and intercepted a Tata Sumo vehicle on May 8, 2006, near Ghrushneshwar Temple in Taluka Khuldabad, Aurangabad.

A significant quantity of arms and ammunition was seized from the vehicle, leading to the registration of the case by ATS Mumbai and subsequent convictions of Khan and other co-accused in 2016.

Khan’s conviction relied on confessions made by two co-accused, Mohammed Amir and Sayyed Aakif, as well as call detail records and an email sent to Amir. According to the confessions, Khan was allegedly instructed by another accused to illegally visit Bangladesh with Mustafa to obtain funds from Juned, a Pakistani national and member of Lashkar-e-Taiba.

The court observed that besides the confessions, the prosecution did not provide any additional evidence to support the claim that the applicant had visited Bangladesh and obtained funds. The confessions did not establish, at first glance, that the applicant had actually traveled to Bangladesh, acquired funds, or possessed knowledge of the purpose or larger conspiracy. Furthermore, the confessions were retracted.

Regarding the call records, there was no indication that the applicant was in Bangladesh, and the court stated that the email written by him was not incriminating.

In a similar case, the court had previously suspended the sentence of co-accused Bilal Ahmed Abdul Razak in July 2022, and it found the present applicant, Afroz Khan, in a better position.

As a result, the bench suspended Khan’s sentence and ordered his release on bail, subject to a Personal Recognizance Bond of Rs. 50,000, until the final hearing and disposal of his appeal.