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2023 Supreme(SC) 614

B. R. GAVAI, VIKRAM NATH, SANJAY KAROL
Mohd. Naushad – Appellant
Versus
State (Govt. Of NCT of Delhi) – Respondent


Advocates appeared:
For the parties : Mr. Sanjay Jain,ASG Mr. Rishi Raj Sharma,Adv. Mr. Satyam Chatgurvedi,Adv. Ms. Ashima Gupta,Adv. Ms. Shruti Agrawal,dv. Mr. Nishank Tripathi,Adv. Mr. Shreekant Neelappa Terdal, AOR Ms. Sonia Mathur,Adv. Ms. Seema Nangani,Adv. Mr. Padmesh Mishra,Adv. Mr. Yuvraj Sharma,Adv. Mr. Udai Khanna,Adv. Dr. N. Visakamurthy,Adv. Mr. Siddhartha Dave, Sr. Adv. Mr. Farrukh Rasheed, AOR Mr. Mohd Zahid Hussain, Adv. Ms. Jamtiben Ao, Adv. Ms. Vidhi Thakkar, Adv. Mr. Prastut Dalvi, Adv. Ms. Arushi Singh, Adv. Mr. Abu Bakr Sabbaq, Adv. Mr. Karthik Murukutla, Adv. Mr. Ashish Sharma, Adv. Ms. Kamini Jaiswal, AOR Ms. Rani Mishra, Adv. Mr. Abhimanue Shrestha, Adv.

JUDGMENT :

SANJAY KAROL J.

Prosecution Case

High Court and Trial Court Findings

Submissions of Counsels

Submissions on behalf of A3, Mohd. Naushad

Submissions on behalf of A9, Javed Ahmed Khan

Submissions on behalf of A5 and A6

Submission on behalf of the State (NCT of Delhi)

Prosecution Witnesses

Undisputed Facts

Brief Narration of Important Witnesses

Opinion of this Court

Conclusion

Sentence of A3, A5, A6 and A9

Leave granted.

2. In connection with FIR No. 517 of 1996 dated 21.05.1996 registered at Police Station Lajpat Nagar/Special Cell, the prosecution presented a challan in respect of a crime committed for destabilising the country by having a series of bomb blasts. As per the charge-sheet 17 persons (A1 to A17) conspired and actually conducted one blast on 21.05.1996, at a crowded central market, Lajpat Nagar, New Delhi.

3. In connection with another FIR No. 286/1996 dated 18.05.1996 another challan was presented before the Trial Court for theft in connection with a main crime, against the very same four, out of seventeen,



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