PRAVEEN VENKATESH TAKALKI Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) By this appeal, preferred under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (for short, 'MCOC Act'), the appellant herein (original accused No. 12), is challenging the order dated 31.3.2012 passed by the Special Judge (MCOC and NIA Act), at Mumbai, rejecting his application for bail, being Exhibit 714 in MCOC Special Case No. 1 of 2009. It would be necessary to advert to few facts as are necessary to decide the said Appeal. On 29.9.2008, at about 21.35 hours, there was a bomb explosion opposite Shakil Goods Transport Company between Anjuman chowk and Bhiku chowk, Malegaon, Dist. Nashik. The said blast took place pursuant to an explosive device fitted on a LML Freedom motorcycle bearing registration No. MH-15-3-4572. In the said explosion, six persons were killed and 101 persons were injured. It is alleged that the intention to cause the explosion was to strike terror in the people and cause loss of life and property and create communal rift so as to endanger internal security of the State, in the holy month of Ramzan and Navratri festival which was to commence on 30.9.2008. After preliminary enquiry, Crime No. 130 of 2008 came to be registered at the Azad Nagar Police Station, Malegaon at 0300 hrs at 30.9.2008, for the offences punishable under sections 302, 307, 326, 324, 427, 153A, 120B of the Indian Penal Code r/w sections 3, 4, 5 and 6 of the Explosive Substances Act.

(2.) The exhibits collected from the place of explosion were sent to the Forensic Science Laboratory, Nashik. The FSL Report revealed that Cyclonite (RDX) and Ammonium Nitrate, were used in the explosives. Initial investigation revealed that the registration number of the LML Freedom Motorcycle used in the commission of crime was bogus and that the chassis and engine number were found to have been erased. However, the Forensic Science Laboratory successfully restored the original number and found the same to be GJ-05-DR-1920. The registration of the said vehicle was found to be in the name of Pragyasingh Chandrapalsingh Thakur (accused No. 1), a resident of Surat. Accordingly, she came to be arrested on 23.10.2008 in Mumbai alongwith Shivnarayan Gopalsingh Kalsangra (accused No. 2) and Shyam Bhavarlal Sahu (accused No. 3). Investigations revealed that the motorcycle that was used in the blast belonged to Pragyasingh Thakur (accused No. 1) and that the same was being used by her close associates, i.e. the wanted accused Ramji Kalsangra before the blast in Malegaon on 29.9.2008 and that the said vehicle was in his possession. Investigations also revealed the complicity of Major (Retd.) Ramesh Shivji Upadhyay (accused No. 4) and Sameer Kulkarni (accused No. 5), pursuant to which they came to be arrested on 28.10.2008. Investigations revealed that a criminal conspiracy was hatched by the arrested accused and the wanted accused for committing a terrorist attack at Malegaon by causing a blast with explosive substances. Investigations further revealed that some of the accused were associated with an organisation, by name 'Abhinav Bharat'. Other accused i.e. Ajay Rahirkar, Treasurer (accused No. 6) of the said organisation and Rakesh Dhawde (Accused No. 7) came to be arrested on 2.11.2008. During investigation, four imported prohibited firearms and 196 live cartridges came to be recovered at the instance of Rakesh Dhawde (Accused No. 7). The said accused had led the police to the house of one Jagdish Mhatre (accused No. 8) from whom also two imported prohibited firearms and 15 live cartridges came to be recovered on 3.11.2008.

(3.) Investigation of the eighth arrested accused i.e. Jagdish Mhatre revealed that Lt. Col. Prasad Purohit (Accused No. 9) had floated an organisation by the name 'Abhinav Bharat' in 2006, inspite of being a serving commissioned officer in the Armed Forces of India, contrary to the service rules. It is alleged that he had collected huge amounts for himself and for his trust and was promoting fundamentalist ideology. It is alleged that the amount collected was given to Ajay Rahirkar (Accused No. 6) a treasurer, who in turn disbursed the said amount as per the directions of Lt. Col. Purohit (Accused No. 9) to persons, to procure weapons and explosives for their unlawful activities. The complicity of Sudhakar Dhar Dwivedi @ Swami Amrutanand Devthirth @ Dayanand Pandey (accused No. 10), was also revealed and therefore, he was arrested on 12.11.2008 at Lucknow, Uttar Pradesh. One Sudhakar Chaturvedi (accused No. 11) also came to be arrested on 20.11.2008. Accordingly, the ATS filed a charge-sheet on 20.1.2009 as against 11 accused and two wanted accused in the Court of the Special Judge under the MCOC Act.