ATS files petition to record evidence

PUNE: The state anti-terrorism squad (ATS), Pune unit on Saturday filed a plea with the additional sessions judge N P Dhote to record evidence in the German Bakery blast in the absence of six absconding accused as their whereabouts were not known.
They are Mohsin Ismail Chowdhary, Ahmed Siddibappa Zarar alias Yasin Bhatkal, Riyaz Ismail Shabadri alias Riyaz Bhatkal. Iqbal Ismail Shabadri alias Iqbal Bhatkal, Fayyaz Kagzi alias Julfikar Fayyaz Ahmed and Sayyed Zabiuddin Sayyed Jakiuddin alias Zabi Ansari.
Special public prosecutor Raja Thakare filed the plea under section 299 of the Criminal Procedure Code (CrPc).He also filed an affidavit of investigating officer Vinod Satav saying that the time is right for recording of the evidence of witnesses in the absence of wanted and absconding accused.
The alleged conspirator Mirza Himayat Inayat Baig (29) of Udgir in Beed district was arrested on September 7, 2010 and the chargesheet against him was filed on December 4 the same year. The plea said the ATS had obtained open non-bailable warrants from a magistrate court on December 7 for arresting absconding accused. According to the plea, the ATS officers had visited the known address of the absconding accused in Maharashtra and Karnataka, but in spite of their efforts the accused could not be arrested.
The ATS, on May 20, 2011 had obtained a proclamation order from the magistrate requiring appearance of the accused before the court on June 22 at 11 am. The proclamation orders were pasted at the residence of absconding accused and also at conspicuous places and panchanamas were prepared and areport was given to the magistrate on June 22. The whereabouts of the absconding accused are not known till date. The court framed charges against Baig on June 16 and the case is ready for recording evidence.
The plea states that the six accused are absconding, there is no prospect of arresting them and the trial has to proceed against the only arrested accused Baig. Thakare has sought the court’s permission to examine witnesses. Rehman and his juniors Kainath Shaikh and Mohammadali Sayyed representing Baig did not react to the plea.