S.B.SINHA, MARKANDEY KATJU
Afzalkhan @ Babu Murtuza Khan Pathan – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT
S.B. Sinha, J. —
1.Leave granted.
2.These appeals arise out of the judgments and orders dated 8.9.2006 as also the judgment and order dated 10.8.2006 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 334 of 2005 and Criminal Appeal No. 751 of 2006 respectively whereby and whereunder the bail petitions filed by both the appellants were dismissed. A First Information Report was lodged on or about 4.4.2003 for commission of an alleged offence under Section 120(B), 121, 121(A), 122 and 123 of the Indian Penal Code, 1860 and Section 25(1)(b), 25(1)(c), 27 and 29 of the Arms Act in the D.C.B. Police Station, Ahmedabad. The names of the appellants, however, did not figure in the said First Information Report. The first informant was one Tarun Kumar Amrutlai Barot, Police Inspector, Ahmedabad Crime Branch. An information was received that after the Godhra massacre some youths from Ahmedabad City had gone to Pakistan for obtaining training for carrying out terrorist activities with a view to take revenge of loss of lives and properties caused to the Muslim community in communal riots which had taken place therein and they have returned back to India after trai
Kartar Singh v State of Punjab (1994) 3 SCC 569. (Para 8)
State (NCT of Delhi) v Navjot Sandhu alias Afsan Guru (2005) 11 SCC 600. (Para 6)
State (NCT of Delhi) v Navjot Sandhu (2005) 11 SCC 600. (Para 14)
Shaheen Welfare Association v. Union of India and Ors. (1996) 2 SCC 616. (Para 6)
Shaheen Welfare Association v Union of India and Ors. (1996) 2 SCC 616. (Para 18)
S.N. Dube v N.B. Bhoir (2000) 2 SCC 254. (Para 10)
Simon and Others v State of Karnataka (2004) 1 SCC 74. (Para 9)
People’s Union for Civil Liberties and Another v Union of India (2004) 9 SCC 580. (Para 6)
State of Maharashtra v Sitaram Popat Vetal and Another (2004) 7 SCC 521. (Para 6)
Hardeep Singh Sohal and Ors. v State of Punjab through CBI (2004) 11 SCC 612. (Para 11)
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