MAULANA NASEERUDDIN MOHD HANEEFUDDIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a Division Bench of the Gujarat High Court dismissing the criminal Appeal filed by the appellant. The said appeal related to the rejection of prayer for bail in connection with Crime Register No.I-6 of 2003 registered with DCB (Crime Branch) Police Station, Ahmedabad.

(3.) Factual position in a nutshell is as follows : An FIR was lodged on 4.4.2003 with DCB Police Station, Ahmedabad, alleging that a conspiracy was hatched by Mufti Sufiyan and Rasulkhan Party at Ahmedabad and Hyderabad to commit murder of Hindu leaders through boys by imparting them training in arms in Pakistan. The complaint was filed for the alleged commission of offences punishable under Sections 120(B, 121, 121(A, 122, 123 of the Indian Penal Code, 1860 (in short IPC) and Sections 25(1) (b,(c, 27 and 29 of the Arms Act, 1959 (in short Arms Act). Thereafter on 19.4.2003, in pursuance of report of police Inspector, Mr. M.M. Vaghela, Sections 3(1)ab, 3(3, 4, 20, 2l(2)b, 22 (3) (a) (b) of Prevention of Terrorism Act, 2002 (in short POTA) were added. The charge sheet was filed in POTA Court qua the co-accused on 10.9.2003 wherein 39 accused were shown as arrested and 43 accused as absconding. Confessional statements (28 in number) were recorded during the remand period and statements of 43 witnesses were taken. On 21.1.2004, supplementary charge-sheet was filed showing 8 accused including 7 absconding accused of first charge-sheet as arrested and 7 new accused were named as wanted and 5 statements under Section 164 of Code of Criminal Procedure, 1973 (in short Cr.P.C.) were recorded and confessional statements of 8 accused were attached. The appellant filed Special Criminal Application No. 377 of 2004 in the High Court for quashing of proceedings which, according to the appellant is pending till date. The appellant was released on bail in another offence at Hyderabad on health ground. Thereafter on 30.10.2004 he was arrested in connection with the present offence by the Gujarat Police. He was produced before Special POTA Court on 2.11.2004 and was remanded till 9.11.2004. Request for further remand was rejected and the appellant was sent to judicial custody. Charge-sheet qua the appellant was filed in Special POTA Court on 27.1.2005. The appellant moved an application for bail being Crl. Misc. Appln. No.762 of 2005. However, it was rejected by the learned Special (POTA) Judge, vide order dated 24.5.2005. Questioning the same, appeal was filed before the High Court.