“In our opinion, the appellant's role in the crime is of a serious nature and the punishment as contemplated under Section 3(1)(i) of the MCOCA is of death or life imprisonment.
Therefore the contention of her counsel that she has already undergone a substantive part of the sentence is not correct”, the bench said.
The Sadhvi is accused of hatching the conspiracy with others, which led to the September 29, 2008, blast at Malegaon in Nashik district in which six people died, after which she was arrested on October 23, 2008.
The 38-year-old Sadhvi has been charged with various provisions under the Indian Penal Code, Arms Act, Explosive Substances Act, Unlawful Activities (Prevention) Act and the MCOCA. At present, she is lodged in a Bhopal jail.
The prosecution has alleged that she is one of the principal conspirators who had taken an active part in the bomb blast by providing her motorcycle to the other accused, to plant explosives.
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