ATEEF NASIR MULLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Special leave granted.

(2.) In this appeal the petitioner has impugned the judgment and order of the High Court of Judicature at Bombay dated 29th August, 2003 in Criminal Appeal No. 995 of 2003. The High Court by its impugned judgment and order dismissed the appeal preferred by the appellant and upheld the order of the Special Judge dated 11-07-2003 granting extension of time to complete the investigation in exercise of power under Section 49(2)(b) of the Prevention of Terrorism Act, 2002, as also the order of the Special Judge dated 25-7-2003 dismissing the bail application of the appellant herein.

(3.) The facts giving rise to this appeal, insofar as they are relevant for the disposal of this appeal, may be noticed at the outset. A blast took place in a local train approaching platform No. 3 of the Mulund Railway Station, Mumbai, resulting in the death of 11 persons and injuring 82 others. Investigation disclosed that the incident was the result of a conspiracy hatched by several persons to strike terror in the minds of people by explosion of bombs and preparations to wage war against the State. In connection with the said incident case No. DCB, CID, C.R. No. 21/2003 was registered under various provisions of the Indian Penal Code, the Indian Explosives Act read with Explosive Substances Act, Damage to Pubic Property Act, Indian Railways Act as also under Sections 3 and 4 of the Prevention of Terrorism Act, 2002, hereinafter referred to as the Act.