STATE OF MAHARASHTRA Vs. SHEIKH ILIAS SHEIKH YUSUF

JUDGEMENT

(1.) The State of Maharashtra, Police Station Officer, Police Station Kotwali, Nagpur being aggrieved by the common order dated 5.12.2006, below Exh. 160 in Session Trial No.84/2002 and below Exh.75 in Session Trial No.85/2002, passed by the 2nd Ad-hoc Additional Sessions Judge, Nagpur has challenged the impugned order, by which those two applications were allowed in respect of accused Nos.3, 5, 6, 8, 9, 10 and 11 in those trials and consequently, they were discharged.

(2.) It is the case of the prosecution that accused persons who are resident of Jalgaon hatched conspiracy in M.I.D.C. area of Jalgaon by holding meetings to take revenge against Indian Government and Hindus and had made aggressive speeches and publication in order to promote hatred between Hindu and Muslim community. They also enrolled young persons as members of SIMI with a view to send them after providing training in arms and preparation of bombs in various parts of India with a view to cause bomb blasts for waging war against India in Doda, and Kashmir and several other places so also to cause bomb blasts at Nagpur. According to the prosecution, all the accused persons in these two session trials having conspired accordingly, prepared bombs at Jalgaon and handed them over to accused No.1 - Sk. Rijwan Sk. Rashid and accused No.2-Khalid Alidkhan Ajamalkhan for planting those bombs at Nagpur to create explosion in public places. According to the prosecution, thus, all the accused persons No.1 to 11 conspired together, prepared bombs at Jalgaon and the same were transported to Nagpur through accused No. 1 - Sk. Rijwan Sk. Rashid and accused No.2-Khalid Alidkhan Ajamalkhan for planting in Nagpur and therefore, all these accused persons were guilty of the charges under Sections 153-B, 121 121-A 122. 123 r/w 34 of the Indian Penal Code and under Section 4 and 5 of the Explosive Substances Act, 1908 as per the charge-sheet filed in the Court at Nagpur in the above two session trials in respect of two offences, which according to the prosecution have taken place on 20.5.2001 and 24.5.2001.

(3.) It is not in dispute that one bomb was planted at Naik road while the other was planted in Badkas Chowk, Nagpur. The bomb planted at Naik road was discovered on 20.5.2001, while the other one was discovered on 24.5.2001 and that is why two separate offences were registered and two charge-sheets were filed accordingly and two session trials were registered in Nagpur Court.