KAFEEL AKHTAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By way of the above captioned criminal revision petition, preferred by the revisionist under Section 397 read with section 401 of the Code of Criminal Procedure, 1973, the revisionist seeks to set aside the impugned order dated 6th May, 2015 passed by the learned Additional Sessions Judge, Patiala House Courts, New Delhi whereby the bail application of the revisionist/accused was dismissed.

(2.) The brief facts stated are that on 21st November, 2011, the Delhi Police Special Cell acting on the basis of specific information received by them, arrested and detained Mohd. Quatil Siddique @ Sajan (now deceased), a member of the banned terrorist organisation 'Indian Mujahideen' from the Anand Vihar, Bus Terminal, New Delhi. Arms, ammunition, fake Indian currency notes of Rs. 1000 denomination, fake passports and fake identity cards were found in his possession. During interrogation, the said accused person disclosed that he is a member of Indian Mujahideen and had been involved in terrorist activities, i.e. German Bakery blast, Chinnaswami Stadium blast at Bangalore in 2010. He further disclosed that his associates are namely Gauhar, Imran and Gayur Ahmad Jamali. Subsequently, an FIR bearing No. 54/2011 under Sections 471/489B/489C/120-B of the Indian Penal Code, 1860 Sections 3/4/5 of the Explosive Substances Act, 1908, Sections 16/18/19/20 of the Unlawful Activities (Prevention) Act, 1967 Section 12 of the Passport Act, 1967 and section 25 of the Arms Act, 1959 was registered in Police Station Special Cell, Lodhi Colony on 22nd November, 2011.

(3.) During the investigation by Delhi Police Special Cell, the name of the revisionist was disclosed by the co-accused Gayur Ahmad Jamali, and consequently, the name of the revisionist was added as an accused in the present FIR. The revisionist along with another co-accused Kamal Hasan @ Bilal were arrested by Police Station Cubbon Park, Bangalore and were handed over to Police Station Special Cell, Delhi on 5th July, 2012. On 9th July, 2012, the revisionist was produced before the court of learned Chief Metropolitan Magistrate, Tis Hazari, New Delhi and was arrested in the present case FIR No. 54/2011 registered under Sections 471/489B/489C/120-B of the Indian Penal Code, 1860 Sections 3/4/5 of the Explosive Substances Act, 1908, Sections 16/18/19/20 of the Unlawful Activities (Prevention) Act, 1967 Section 12 of the Passport Act, 1967 and section 25 of the Arms Act, 1959.