MOULVI HUSSAIN IBRAHIM UMARJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) An incident took place at about 7-45 a.m., on 27-2-2002 when Sabarmati Express was stopped near Godhra Railway Station and a coach was set on fire resulting in death of 59 persons and serious injuries to 48 others. The petitioner herein was arrested in connection with the said offence on 6-2-2003 and is charged for committing offences under Secs. 143, 147, 148, 332, 337, 338, 435, 186, 120(b), 153(a), 302, 307, 395, 397 of the Indian Penal Code and Sec. 3(2) and Sec. 3(3) of P.O.T.A. and Secs. 141, 151 and 152 of the Indian Railways Act and Secs. 3 and 4 of the Prevention of Damage to Public Property Act. He moved an application for being enlarged on bail, which was rejected by the learned Special Judge (P.O.T.A.) on 7-7-2003 and the appeal preferred by him against the said order was dismissed by a Division Bench of the High Court on 2-8-2003. The present special leave petition has been preferred challenging the aforesaid orders.

(2.) We have heard Shri Ram Jethmalani, learned Senior Counsel for the petitioner, Shri Sushil Kumar, learned Senior Counsel for the respondent-State of Gujarat at considerable length and have perused the record. We do not wish to consider in detail the various aspects of the merits of the case put forth on behalf of the parties, but bearing in mind the limited scope of the examination of the matter at the stage of grant or refusal of bail on the prima facie view, we are of the opinion that this is not a fit case where the petitioner may be released on bail. The special leave petition is accordingly dismissed.