ANIRUDDHA BOSE, SUDHANSHU DHULIA
Vernon – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
ANIRUDDHA BOSE, J.
The appellants before us assail two judgments of the High Court of Judicature at Bombay rejecting, in substance, their prayers for bail. Both the applications were filed on 27th October 2018 after the Special Judge, Pune under the Unlawful Activities (Prevention) Act, 1967 (“1967 Act”) had dismissed their bail plea. The decisions of the High Court were delivered on the same date i.e. 15th October 2019.
2. We shall deal with both the appeals in this judgment as the detention of the appellants was on the basis of the same First Information Report (“FIR”) and the chargesheet also contains the same Sections in respect of which offences are alleged to have been committed by them. These are Sections 121, 121A, 124A, 153A, 505(1)(b), 117, 120B read with Section 34 of the Indian Penal Code, 1860 (“1860 Code”) and Sections 13, 16, 17, 18, 18B, 20, 38, 39 and 40 of the 1967 Act. Wherever there are distinguishing features vis-à-vis the individual appellants in relation to the nature of evidence against them relied on by the Investigating Agency, we shall refer to them separately. In the subject-case, initially investigation was conducted by the regular law enforceme
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Angela Harish Sontakke Vs. State of Maharashtra [(2021) 3 SCC 723] – Relied [Para 6]
Sagar Tatyaram Gorkhe and Another Vs. State of Maharashtra [(2021) 3 SCC 725] – Relied [Para 6]
Arup Bhuyan Vs. State of Assam and Another [2023 SCC OnLine SC 338] – Relied [Para 8]
National Investigation Agency Vs. Zahoor Ahmad Shah Watali [(2019) 5 SCC 1] – Relied [Para 9]
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Usmanbhai Dawoodbhai Memon and Others Vs. State of Gujarat [(1988) 2 SCC 271] – Relied [Para 35]
Jayendra Saraswathi Swamigal Vs. State of Tamil Nadu [(2005) 2 SCC 13) – Relied [Para 43]
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Gurcharan Singh Vs. State of (UT of Delhi) [(1978) 1 SCC 118) – Relied [Para 43]
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