SAQUIB ABDUL HAMID NACHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. R. M. Agrawal with Mr. G. R. Agrawal and Mr. Mubin Solkar the learned counsel for the petitioners and Mr. S. R. Borulkar, Public prosecutor, with Mr. D. S. Mhaispurkar, APP for the respondents. Rule. Respondents waive service. By consent of the parties, the petition was heard finally rather than considering the interim prayer for being released the petitioners on bail.

(2.) This petition prays for a writ of habeas corpus or in the nature of habeas corpus against the respondents directing them to set the petitioners at liberty forthwith from the detention in POTA Special case No. 2 of 2003.

(3.) The petitioners claim to be the citizens of india and were taken in custody sometimes in April/may 2003 and they are presently under-trial in POTA special Case No. 2 of 2003 pending before the Special court at Greater Mumbai and they are sought to be tried for three different offences of Bomb Blasts, namely, the Mulund Blast case (DCB-CID, C. R. No. 21/03) , the Vile-Parle Blast case (DCB-CID, C. R. No. 9/03) and the Bombay Central Blast case (DCB-CID, C. R. No. 59/03). The State has filed a joint/combined charge-sheet before the Special Court on 19/7/2003. The petitioner no. 5 was not arrested and arraigned as an accused in the said case and, therefore, he objected to his being tried in a joint trial of all the three Bomb Blasts case. He objected to the same and contended that he must be tried separately only in respect of the Mulund Bomb Blast case and this application was dismissed by the Special Court on 30/7/2005. Criminal Appeal No. 716 of 2005 came to be filed before this court immediately against the said order and the said appeal was dismissed on 6/10/2005 by extending the interim stay for two weeks to enable the accused to approach the Supreme Court of India. It is admitted that the said interim stay to the trial of the special case has been continued as at present by the Apex Court.