MOHAMED IQBAL MADAR SHEIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) These appeals have been filed against the orders passed by the Designated Court, Bombay, rejecting the prayer for bail made on behalf of the appellants, who are accused under different sections of the Indian Penal Code including Sec. 302 read with Sec. 149 and under sub-sec. (1) and sub-sec. (2)(i) of Sec. 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as 'TADA').

(3.) After the incident relating to the Babri Masjid at Ayodhya on 6-12-1992, communal riots flared up in the city of Bombay and its suburbs. On the night of 7-1-1993, around 11-30 p.m., according to the complainant, some unknown miscreants knocked the door of her house. The husband of the complainant sent her and the two children aged about 11 years and 9 years to a nearby house for shelter. In that very house other families had also taken shelter. It is said that around 12-30 in the night, the appellants along with others assembled in front of the said house and poured kerosene and set the house on fire. They also threatend and prevented persons from coming to the rescue of the victims by threatening them at the point of deadly weapons. Some inmates managed to come out of the house by opening the tiles of the roof, but many children, ladies and males were burnt to death. It is also the case of the prosecution that the door of the house had been bolted from outside so that they may not escape. After investigation, charge-sheet was submitted and the appellants were put on trial for different offences including under Secs. 3(1) and 3(2)(i) of the TADA. The Designated Court constituted under the provisions of the TADA has rejected the prayer for bail after discussing the allegations made against different appellants and materials collected during investigation against them including ocular testimony, that appellants put the house in question on fire by locking the doors from outside which resulted in death of several children, ladies and males. In one house itself six people were charred to death. The Designated Court has directed release on bail to some of the accused persons, but in respect of the appellants, it has come to the conclusion that prima facie there were materials on the record to show that these appellants purported to strike terror and to create hatred among the two communities by using inflammable substance, that is petrol and kerosene, resulting in death of many of the victims and as such a case under the provisions of Sec. 3(1) and 3(2)(i) of the TADA was made out.