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2017 Supreme(SC) 768

R.K.AGRAWAL, A.M.SAPRE
Lt. Col. Prasad Shrikant Purohit – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants : Harish N. Salve, Sr. Adv., Ms. Neela Ghokhale, Eliam Pradhi, Ms. Kamakshi S. Mehlwal, Ejaz Maqbool, Advs.
For the Respondents: Maninder Singh, ASG, Ms. Ranjana Narayan, B.V. Balaram Das, B. Krishna Prasad, Anish Kumar Gupta, Avdhesh Kumar Singh, Chandra Shekhar Suman, R.K. Rajwanshi, Ms. Deepshikha Bharati, Mrs. Rita Gupta, Advs.

JUDGMENT

R.K. Agrawal, J.

Leave granted.

2. This appeal is directed against the judgment and order dated 25.04.2017 passed by the High Court of Judicature at Bombay in Criminal Appeal No. 664 of 2016 whereby the Division Bench of the High Court dismissed the bail application filed by the appellant herein.

3. Brief facts:

(a) On 29.09.2008, at around 9:35 p.m., a bomb explosion took place at Malegaon, District Nasik, opposite Shakil Goods Transport Company between Anjuman Chowk and Bhiku Chowk. The said blast was caused by explosive device fitted in LML Freedom Motor Cycle bearing Registration No. MH-15-P-4572. As a result of the said explosion, six persons were killed and about 100 persons had received injuries of various nature. Damage to the property was also caused.

(b) The offence came to be registered under CR No. 130/2008 in Azad Nagar Police Station, Malegaon under Sections 302, 307, 326, 324, 427, 153-A and 120-B of the Indian Penal Code, 1860 (in short ‘the IPC’) read with Sections 3, 4, 5 and 6 of the Explosive Substances Act read with Sections 3, 5 and 25 of the Arms Act, 1959.

(c) During the course of investigation, the samples collected from the place of offence were sent to

















































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