By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.I-236 of 2008 registered with Shahibaug Police Station, for the offence punishable under Sections 120(B), 122, 121, 302, 307, 326 and 427 of IPC, Sections 3, 5, 6 and 7 of Explosive Substance Act, Sections 10, 13, 16, 18, 19, 20, 23, 38, 39 and 40 of Unlawful Activities (Prevention) Act, Sections 25 (1)(B)(A) and 27 of Arms Act, Sections 65 and 66 of Information Technology Act and Sections 3 and 4 of Damage to the Public Property Act.
Heard learned counsel, Mr.L.R.Pathan for the applicant and learned Special Public Prosecutor, Mr.J.M.Panchal for the respondent-State.
Learned counsel, Mr.Pathan took this Court through the FIR as well as charge sheet papers and submitted that the applicant is innocent and has not committed any offence. According to him, the allegation against the present applicant is harbouring of other accused persons and it has come out from the statement of witnesses. According to him, charge sheet papers prima facie do not disclose any evidence to involve the applicant with the alleged crime or that applicant was taking part in committing the offence of murder and other Sections of IPC and other Acts. It is further submitted that considering the maximum sentence awardable in the offences alleged and also considering the role attributed to the applicant, the applicant is required to be released on bail in view of the fact that the charge sheet is filed since long and he is in custody since 22-7-2010.
Learned Special Public Prosecutor, Mr.J.M.Panchal has strongly opposed the application by contending that the applicant is involved in the serious offence of serial bomb blasts which had taken place in the City of Ahmedabad killing 56 persons and seriously injuring 240 persons and also causing damage to public and private properties worth crores of rupees. It is also submitted that cases were committed to the Court of Sessions. It is further submitted keeping in mind the statements of witnesses and also the affidavit of Investigating Officer, ACP, Crime Branch, Ahmedabad, and also the papers of charge sheet, it prima facie appeared that the applicant has involved himself in harbouring other accused and hence, applicant should not be released on bail.
This Court has gone through the papers of charge sheet and also the affidavit of Investigating Officer. This Court cannot discuss or appreciate the entire oral as well as documentary evidence on record as it may be prejudice the parties in trial. However, looking to the papers of charge sheet, it is prima facie established that the applicant is involved in the serious offence of conspiracy and hence, individual role of each accused cannot be looked into at this stage. It has been rightly observed by the Sessions Court that bail application cannot not be decided only on the basis of statements of two witnesses but the entire papers of charge sheet should be considered. Looking to the serious role attributed to the present applicant of conspiracy and harbouring of other accused, this Court would not find it necessary to use its discretion to enlarge the applicant on bail. In view of the above, this application is required to be rejected.
This application is accordingly rejected. Rule is discharged.
In view of the fact that applicant is in jail as an undertrial prisoner, trial court is directed to dispose of the Sessions Case as early as possible preferably within one year from the date of receipt of copy of this order.
The observations made by this Court in this order being made for the purpose of deciding this application shall not prejudice the parties in trial.
[M.D.SHAH,J.] radhan Top