NAVED NAEEMUDDIN KADARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present application under the provisions of Section 439 of the Code of Criminal Procedure, 1973 ( hereinafter referred to as the Code), the applicant has prayed to release him on regular bail during the pendency of trial for the offences punishable under Sections 120(B), 121A, 124A, 302, 307, 326,435,427 of the Indian Penal Code,Sections 3,5,6, and 7 of the Explosive Substance Act,1908, as well as Sections 10, 13, 16, 18, 19, 20,23, 38,39 and 40 of the Unlawful Activities ( Prevention) Act, 1967 and for the offences under the Arms Act, 1959 , Information Technology Act, 2000 and for the offences under the Damage to the Public Properties Act, 1964 registered with different police stations.

(2.) THERE are in all twenty(20) offences which are clubbed together and tried by learned Sessions Judge being Sessions Case No. 38 of 2009. These twenty(20) offences are registered for twenty(20) bomb blasts took place in the City of Ahmedabad on 26.07.2008. In several incident which took place at various public places including different hospitals, 54 innocent persons have lost their lives and 240 persons have sustained different type of injuries including of serious nature. The applicant filed application under the provision of Section 439 of Code being Criminal Misc. Application No. 2370 of 2011 in the Sessions (Special) Court which came to be dismissed by the learned Additional City Sessions Judge, Court No.8, Ahmedabad on 08.08.2011. The applicant is one of the accused persons in all these 20 (twenty) offences, for which he is being tried in the aforesaid sessions case.

(3.) THE applicant has preferred present application on 09.07.2013 i.e. after a period of 2 years from the date of order of the learned Sessions Court. This application came to be circulated before this Court on 18.07.2013. The applicant was permitted to add all the offences for which he has been being tried together and the matter was adjourned to 23.07.2013. Vide oral order dated 23.07.2013, the either side was called upon for final hearing. Pursuant to the said order Mr. JM Panchal, learned Special Public Prosecutor appeared for the respondent -State and assisted the Court in the matter.