DR. ABDUL HAMID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. bail application under section 439 Crimial P.C. has been filed by the accused petitioner in FIR No. 148/96 under sections 302, 307, 120B Penal Code and Sections 4 and 5 of the Explosive Substance Act and Sections 3 and 4 of the P.D.P.P. Act.

(2.) Brief facts of the case are that on the basis of a parcha bayan of Shri Ashok Kumar Sharma, Conductor of the Bus No. RJ 07 P 1038 of Rajasthan Roadway recorded on 22.5.96 at 4. p.m. in the Govt. Hospital, Mahuwa, an FIR No. 148/96 was registered at Police Station, Mahuwa wherein it was stated that the bus was coming from Agra to Bikaner on 22.5.96 carrying about 49-50 passengers. Two passengers were sitting on seat nos. 22 and 23 but they got down at Mahuwa and returned their two tickets to him saying that some poor persons may be obliged. The bus proceeded from Mahuwa to Dausa and after covering 3-4 km. near Samleti village a big blast happened in which the whole bus was damaged and 14 passengers died and almost all the passengers were injured. On this Parcha Bayan FIR No. 148/96 for offence under sections 302, 307, 120 B Penal Code and sections 4,5 of Explosive Substance Act and Sections 3,4 of P.D.P.P. Act was registered and the investigation was handed over to the Additional S.P. Dausa and the matter was also investigated by the CID (CB). In the initial investigation it was revealed that responsibility of the Bomb Blast has been taken by JKLF of the Kashmir State and some Kashmiri persons were arrested but there was no evidence against the petitioner whatsoever which could involve his participation in the blast. Three charge sheets were field earlier and seven persons were arrested who have also not stated anything about the petitioner's involvement in the case. In the fourth challan submitted on 20.9.97 before the CJM Dausa, in para 11 it has been mentioned that till 6/97 the police could not get any information of the involvement of the petitioner in this case but it is said that one letter from Jaipur was posted by some anonymous person to CID (CB) and in this letter the name of the petitioner along with Raees Baig Tailor (Agra) and Pappu Puncture Wala ( Gordhan ) were mentioned and on the basis of anonymous letter petitioner was arrested not only in the present case but also in the blast case of SMS Stadium Jaipur in FIR No. 39/96. The said letter has been written in Urdu script and it was important to note that police does not have any other clue except this letter to implead the petitioner in these two Bomb Blast cases. It has been argued on behalf of the petitioner by the counsel appearing for the petitioner that the petitioner has been falsely implicated in this blast case. Co-accused Pappu @ Salim son of Shakir was made as approver under section 306 (1) Crimial P.C. Upon this the petitioner filed an application under section 306(4) Crimial P.C. which was allowed vide order dated 30.11.2010 and the matter had been fixed for framing of the charge for arguments on 8.12.2011. It is further submitted by the counsel for the petitioner that the petitioner is in confinement in Central Jail for the last 14 years without trial as the charge is yet to be framed and more than 100 witnesses are to be examined. The petitioner is an intelligent student, who passed out his MBBS in first attempt but on some frivolous letter he has been arrested and falsely implicated in this case. The petitioner in these circumstances filed bail application but the same was rejected vide order dated 16.11.2011.

(3.) The Public Prosecutor opposed the bail application of the accused petitioner and stated that at this stage in such an offence of bomb blast in a bus in which 14 passengers died and almost all the passengers were injured. The trial court rightly rejected the bail application of the petitioner. The learned Public Prosecutor invited attention of this court towards the fact that the accused petitioner Abdul Hameed son of Ibrahim Khan was tried for the offence under sections 307 read with section 120 B IPC, 435/120 B IPC, 118/120 Penal Code and sections 3,4,5 and 6 of the Explosive Act and sentenced to imprisonment for 10 years rigorous imprisonment and fine and the original sentence ended on 7.6.2007 and on account of non- payment of fine his period of imprisonment will end on 7.9.2016. In these circumstances the accused petitioner against whom charge has been framed for the offence under sections 120 B read with sections 302, 307 Penal Code and sections 3/8 PDPP Act and sections 4/5 of the Explosive Act, should not be granted bail at this stage under section 439 Cr.P.c. The matter was directed to be posted for recording of the statements of the witnesses on 27.3.2012.