The Bombay high court on Tuesday rebuked the Nashik central prison authorities for "non-application of mind" while refusing parole to Himayat Baig, lone convict in the 2010 Pune German Bakery blast case.
A division bench of Justices Bharati Dangre and Manjusha Deshpande warned that it would impose costs on the authorities for denying parole only on the ground that Baig had been convicted of terror charges.
He was acquitted in appeal, by the high court, of terror charges under the Unlawful Activities (Prevention) Act and criminal conspiracy under the Indian Penal Code, the judges noted.
Baig was convicted under UAPA and IPC and sentenced to death in 2013 by a special court; but the HC in 2016 commuted the sentence to life in jail and acquitted him of the UAPA charges.
The bench on Tuesday pointed out that Baig presently stands convicted under other provisions of the IPC and the Explosives Act.
He moved the high court after the Nashik prison authorities on July 31 rejected his application seeking parole for 45 days.
He wanted to be with his mother who was seriously unwell, his application had said.
"Why was it rejected? He is not convicted under UAPA or even (for) criminal conspiracy. He does not fall under the exception prescribed under the rules for parole and furlough," the HC said.
"This is complete non-application of mind. We will not only allow the parole, but also impose cost on the concerned officer," Justice Dangre said.
Additional public prosecutor Ashwini Takalkar told the court that the prison authorities did not have a copy of the HC judgment which acquitted Baig of UAPA charges.
The bench then remanded the matter back, so that the prison authorities could consider the application afresh and pass an appropriate order.
Baig was the only person to be convicted in the February 2010 blast at German Bakery, a popular eatery in Pune. The blast killed 17 persons and injured 60 others.
Six others charge-sheeted in the case, including Yasin Bhatkal who is alleged to have planted the bomb, are still absconding.
