MOHAMMED ABDUL QAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal under Section 34 of the Prevention of Terrorism Act, 2002 read with Section 49 the Prevention of Terrorism Act, 2002 and Section 439 of the Code of Criminal Procedure, 1973, the appellant has approached this Court against the judgment and order dated 22.4.2014 passed in Criminal Misc. Application Sessions No.1460 of 2014 and order dated 02.7.2014 passed in Criminal Misc. Application Sessions No.2325 of 2014 passed by learned Special Court (POTA), Ahmedabad thereby rejecting the application filed on behalf of the applicant.

(2.) BRIEF facts giving rise to the present appeal are as under:

(3.) PRESENT appellant came to be arrested on 24.3.2014 and after keeping him in police custody for some time, he was remanded to judicial custody. Thereafter, the appellant applied for regular bail under section 49 of the POTA Act, 2002 read with section 439 of the Cr.P.C., 1973 being Criminal Misc. Application No.1460 of 2014, which came to be rejected by the Special Court, POTA vide its order dated 22.4.2014. Thereafter, the investigating agency, on 14.6.2014, filed chargesheet against the appellant and subsequent to filing of the chargesheet, a second application for regular bail moved on behalf of the appellant was rejected on 02.7.2014. Being aggrieved by the judgment and order dated 22.4.2014 and 2.7.2014 whereby regular bail application of the applicant was rejected, the present appeal has been preferred.