Advocate Owais Siddiqui contended that they were entitled to bail on the grounds of parity.
Mumbai: Two brothers, Ejaz and Ilyas Shaikh, who were arrested last month by the Maharashtra Anti-Terro-rism Squad (ATS) from Burhanpur in Madhya Pradesh and Delhi have approached the Bombay high court seeking bail. The ATS has arrested the duo suspecting their alleged involvement in various terror activities.
Advocate Owais Siddiqui, while arguing for bail for both the brothers, has contended that they were entitled to bail on the grounds of parity, as two other accused in same case had been granted bail in 2016. On this point, the high court directed the petitioners to submit copies of the order allowing bail to co-accused.
Mr Siddiqui also cited a SC judgment, which said that being a member of a banned organisation is no offence and there has to be some instigation to attract provisions of Unlawful Activities Prevention Act. He further argued that a mere allegation by the prosecuting agency couldn’t be a reason to refuse bail to the accused.
Since the applicants were arrested in a 13-year-old case, the lawyer argued that the accused were very much present at their places for better job prospects. The agency should also apprise the as to court the reasons for declaring them absconding because the applicants never knew they were wanted in any case and they had never absconded.
It may be recalled that Ehtesham Siddiqui, a convict of Mumbai serial train blast case, is already convicted in this case and has been sentenced to seven years of imprisonment.
The ATS arrested the duo in the case registered in 2006. Till 2007, both Ejaz and Ilyas were residing in Kurla in suburban Mumbai as they were employed there. Later, Ejaz moved to Burhanpur and started a medical store while Ilyas moved to Delhi and started his own software business.