KAMAL AHMED MOHAMMED VAKIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals arise from the orders passed by the learned Judge of the Special Court, constituted under the Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as 'MCOC Act' for the sake of brevity) in MCOC Special Case No.21 of 2006, which is pending before him. They can be conveniently disposed of by this common order, as the issues involved in both these appeals are basically the same. Disposing of the appeals by a common order will help maintaining the continuity and avoid repetition of discussion.

(2.) The appellants are the accused in the said MCOC Special Case No.21 of 2006. The allegation against the appellants, in brief, is that the appellants, who are allegedly members of Students Islamic Movement of India (SIMI) a terrorist organization had entered into a conspiracy to plant bombs in Mumbai's local trains, and that pursuant to such conspiracy, bombs were actually planted in local trains. The bombs exploded on 11 July 2006 resulting into the death of 187 persons, and causing injuries to more than 800 persons.

(3.) On this allegation, the appellants are facing charge of offences punishable under sections 302 IPC, 307 IPC, 326 IPC, 436 IPC, 427 IPC, 120B IPC, 120A IPC, 123 IPC, 124 IPC read with section 34 of the IPC,offences punishable under the Indian Explosives Act, and Prevention of Damage to Public Property Act, offences punishable under the Indian Railways Act, offences punishable under the Unlawful Activities (Prevention)Act 1967, and offences punishable under section 3(1)(i), 3(2) and 3(4) of the MCOC Act.