(1.) BY this application, the applicant seeks his enlargement on bail in connection with C.R. No. 168 of 2012 initially registered with the Deccan Police Station, Pune and subsequently transferred to ATS Police, Mumbai and re -registered as C.R No. 9 of 2012, for the alleged offences punishable under Sections 307, 435 and 120B of the Indian Penal Code read with Sections 3, 4 and 5 of the Explosive Substances Act read with Sections 3 and 25 of the Arms Act and under Sections 16(1)(b), 18, 20, 23, 38 and 39 of the Unlawful Activities (Prevention) Act of 1967 as amended in 2008 and under Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act ('MCOC Act').
(2.) THE case pertains to five bomb blasts that took place in Pune City at around 7:00 p.m in the areas of Deccan Gymkhana, Bal Gandharv Rang Mandir and other adjoining areas. A live bomb was also recovered from one of the spots. These bombs were placed in the basket of bicycles. Pursuant to the said five blasts that took place at various locations in Pune City, an FIR came to be lodged initially with the Deccan Police Station, Pune as against unknown persons. Thereafter, the investigation came to be transferred to the ATS, Mumbai. Nine accused came to be arrested in connection with the aforesaid offences and some accused are stated to be absconding. According to the prosecution, the said bomb blasts were planned by the accused with the intent of striking terror in the minds of the people and for causing deaths/injuries to persons and/or causing loss or damage or destruction of property. According to the prosecution, the said bomb blasts were planned to avenge the death of one Quatil Siddique, a member of a banned terrorist organization, Indian Mujahideen. It may be noted here, that Quatil Siddique was arrested in connection with the conspiracy to commit bomb blast at Dagadu Sheth Ganpati Mandir in Pune. Pursuant to his arrest, Quatil Siddique was lodged at Yerwada Central Jail, Pune, where he was murdered by two persons in the Jail. It is the prosecution case, that to avenge the death of Quatil Siddique, the members of the Indian Mujahideen, a banned terrorist organization, acting as an organized crime syndicate conspired to cause the bomb blasts. It is alleged by the prosecution, that initially there was a plan to kill the assailants of Quatil Siddique when they were brought to Court by firing at them. However, as the said plan could not be executed, it was decided to cause the bomb blasts.
(3.) LEARNED Special P.P Mr. Thakare opposed the bail application. At the outset, it may be noted that the learned Special P.P does not dispute the fact, that the applicant was not involved either in the preparation of planting of the bombs or in the actual bomb blasts that rocked Pune City on 1st August, 2012, nor does he dispute the fact, that the firearms and cartridges allegedly supplied by the applicant to the co -accused were not used in the commission of the said offence.