The key accused in the September 2008 Malegoan blast, Lt Col Shrikant Purohit, is entitled to bail as the stringent Maharashtra Control of Organised Crime Act (MCOCA) is not applicable in the case, defence lawyer Shrikant Shivde told the court on Monday.
Shivde said the Act specifies that there should be a pecuniary gain of the crime committed, adding that in the Malegoan blast case, the aspect was lacking. He added that the Malegoan case did not fall under the purview of the organised crime syndicate and no accused in the case had a criminal background.
Neither the motive of creating terror in the minds of people nor the revenge motive had been established by the investigating agency, he added. “By the fact that Purohit spoke in some meeting it cannot be established that he wanted to take revenge against any other community”.
The prosecution, however, filed a reply saying there was enough evidence to prove Purohit’s involvement. The case will come up for hearing on March 4.