The Bombay High Court has refused to suspend the life sentence of Mohd Amer Shakil Ahmed Shaikh, convicted in the 2006 Aurangabad arms haul case, holding that his alleged role in the larger terror conspiracy was graver than that of co-accused who have been granted bail pending appeal.A bench of Justices Manish Pitale and Shreeram V Shirsat rejected Shaikh’s plea, observing that there were prima facie reasonable grounds to believe the accusations against him. The court directed that his appeal, along with connected appeals, be listed for final hearing on December 7, 2026.LIFE SENTENCE IN ARMS AND EXPLOSIVES CASEShaikh was sentenced to life imprisonment by a special court in July 2016 for offences under the Unlawful Activities (Prevention) Act (UAPA), the Arms Act and the Explosive Substances Act.
He was acquitted of charges under the Maharashtra Control of Organised Crime Act (MCOCA), a decision that the state has challenged.The case dates back to May 9, 2006, when the Mumbai Anti-Terrorism Squad (ATS) intercepted a Tata Sumo near the Ghrushneshwar temple in Maharashtra’s Aurangabad district. According to the ATS, the vehicle was carrying 10 AK-47 rifles, 40 magazines, 200 live cartridges and 30 kg of explosive powder.
The agency alleged that the consignment was linked to a larger conspiracy to carry out terror activities.COURT REJECTS PLEA OF PROLONGED INCARCERATIONSeeking suspension of his sentence, Shaikh argued that the prosecution case primarily relied on confessional statements recorded under MCOCA, which he claimed were involuntary and had subsequently been retracted. He also cited his prolonged incarceration, arguing that he had spent more than 20 years in custody and deserved bail while his appeal was pending.The bench rejected his submissions, observing that the retraction of his confession had been delayed and appeared to be an afterthought.
It held that confessional statements could be considered in proceedings under the UAPA even though Shaikh had been acquitted under MCOCA.The court also noted that the trial court had prima facie correctly held the confession to be voluntary and admissible. It pointed out that the prosecution had relied on call detail records and other evidence in addition to the confessional statements.'ROLE MUCH GRAVER THAN THAT OF CO-ACCUSED'Rejecting Shaikh’s plea for parity with co-accused who had secured bail pending appeal, the bench said his case stood on a different footing.“The case of the Applicant does not stand on the same footing as that of the co-accused who have been granted bail.
In fact, it is much graver and on a higher pedestal,” the court observed.The bench further held that prolonged incarceration, by itself, could not justify the suspension of a life sentence without taking into account the nature and gravity of the offence and the evidence on record.Emphasising the need to balance individual liberty with national security and public interest, the court declined to suspend Shaikh’s sentence. His appeal will now be taken up for final hearing along with the connected matters.- Ends

