STATE OF GUJARAT Vs. MOHAMMAD MANZUR SIRAJ SIDDIQUI

JUDGEMENT

(1.) The appellant ­ State of Gujarat has filed this appeal under Section 34 (1) (4) of the Prevention of Terrorism Act, 2002 for cancellation of bail granted to the respondent ­ accused by the learned designated Judge, Special Court (POTA) vide order dated 09.12.2004 passed in Criminal Misc. Application No. 3067 of 2004 in Pota Case No. 12 of 2003.

(2.) The brief facts giving rise to the present appeal are as under : -

(3.) It is the case of the prosecution that the present Respondent is the original accused No. 36 in I C.R. No.06 of 2003 registered with D.C.B. Crime Police Station, Ahmedabad in Pota Case No. 12 of 2003. A complaint came to be registered on 04.04.2003 that a criminal conspiracy was hatched to create terror for taking revenge of the loss of life and property that were witnessed in the aftermath of the post Godhra riot. The intention was to instigate as many youths as possible so that they could be used for indulging into activities, which would terrorize section of people and thereby destabilize the nation. It is also the case of the prosecution that one of the main accused, namely, Mufti Sufian and some other accused persons had exhibited certain inflammatory material during gathering of the people of minority community and thereby as an intention of large -scale conspiracy hatched, intended to do acts which fall within the definition of Section 34 of the Prevention of Terrorism Act, 2002.