STATE OF ANDHRA PRADESH Vs. MD. HUSSAIN @ SALEEM

JUDGEMENT

(1.) These Criminal Misc. Petitions have been filed by the applicant for impleadment, and clarification of the common order passed by this Court on 2.8.2013 in (i) SLP (Crl.) No.7375/2012 State of A.P. through I.G. National Investigating Agency Vs. Md. Hussain @ Saleem, and (ii) SLP (Crl.) No.9788/2012 National Investigation Agency Vs. Ravi Dhiren Ghosh. SLP (Crl.) No.7375/2012 arose from the judgment and order dated 7.9.2012 in CRLP No.6562/2012 passed by the Andhra Pradesh High Court. SLP (Crl.) No.9788/2012 arose out of the order passed by the Bombay High Court on Criminal Bail Application No.1063/2012. The relevant part of this order dated 2.8.2013 passed by this Court reads as follows:-

(2.) The applicant herein is accused No.1 in Special (MCOC) CC No.1/09 pending before the learned NIA and MCOC Court Mumbai. The said case arises out of a bomb blast in Malegaon that occurred on 29.9.2008. A charge-sheet has been filed on 20.1.2009 against the applicant and others, including 3 absconding accused, under Sections 302/307/326/324/427/153- A/120-B of I.P.C., read with Sections 3,4,5 and 6 of Explosive Substance Act, 1908, Sections 3,5 and 25 of Indian Arms Act, 15,16,17, 18, 20 and 23 of Unlawful Activities (Prevention) Act, 1967, and Sections 3(1) (i), 3(1) (ii), 3(2), 3(4), and 3(5) of Maharashtra Control of Organised Crimes Act, 1999 (MCOC Act for short), before the Court of Special Judge (MCOCA) Greater Mumbai, Maharashtra. The National Investigation Agency has taken over the investigation of this case, by virtue of an order of the Central Government dated 1.4.2011 passed in exercise of the powers conferred upon it by Section 6(5) of The National Investigation Agency Act, 2008 (NIA Act for short).

(3.) The applicant is in custody and has preferred an application for bail on 23.10.2012, before a Single Judge of the Bombay High Court, bearing Criminal Bail Application No.1679 of 2012, under the provisions of Section 21(4) of the MCOC Act r/w Section 439 of the Code of Criminal Procedure, 1973 (Code for short).