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2009 Supreme(SC) 459

ALTAMAS KABIR, MUKUNDAKAM SHARMA
Izharul Haq Abdul Hamid Shaikh – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
For the Appellants :Rajeev Sharma, Advocate.
For the Respondent:Ms. Hemantika Wahi, Advocate.

JUDGMENT

Altamas Kabir, J.—

1. Delay condoned in Criminal Appeal D.No.23837 of 2008.

These three criminal appeals have been taken up together as the same questions of law relating to the Terrorists and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as ‘TADA’) regarding grant of bail are involved. All these three appeals have been filed under Section 19 of TADA relating to separate incidents which are alleged to have occurred in Porbandar and Valsad in the State of Gujarat.

2. Criminal Appeal No.811 of 2008 has been filed by Izharul Haq Abdul Hamid Shaikh and Amir Gulam Husein Bandukwala against the order passed by the Designated Court, Porbandar, on 15th February, 2008 in Criminal Misc. Application No.164 of 2007 in Special TADA Case No.6 of 2005 in respect of offences alleged to have been committed under Sections 121, 121A, 122, 123. 120B, 34 IPC, Section 25(1) AB, AA of the Arms Act, Section 9-B of the Explosive Substances Act read with Sections 3, 4, 5 and 6 of TADA.

3. The appellant No.1, Izharul Haq Abdul Hamid Shaikh has also filed Criminal Appeal D.No.23837 of 2008 against order dated 9th April, 2008, passed by the Designated TADA Court at Valsad in Cr


























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