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2006 Supreme(Bom) 120

B.H.MARLAPALLE, R.S.DALVI
Saquib Abdul Hamid Nachan – Appellant
Versus
State of Maharashtra – Respondent


Judgment

B. H. MARLAPALLE, J.

( 1 ) HEARD Mr. R. M. Agrawal with Mr. G. R. Agrawal and Mr. Mubin Solkar the learned counsel for the petitioners and Mr. S. R. Borulkar, Public prosecutor, with Mr. D. S. Mhaispurkar, APP for the respondents. Rule. Respondents waive service. By consent of the parties, the petition was heard finally rather than considering the interim prayer for being released the petitioners on bail.

( 2 ) THIS petition prays for a writ of habeas corpus or in the nature of habeas corpus against the respondents directing them to set the petitioners at liberty forthwith from the detention in POTA Special case No. 2 of 2003.

( 3 ) THE petitioners claim to be the citizens of india and were taken in custody sometimes in April/may 2003 and they are presently under-trial in POTA special Case No. 2 of 2003 pending before the Special court at Greater Mumbai and they are sought to be tried for three different offences of Bomb Blasts, namely, the Mulund Blast case (DCB-CID, C. R. No. 21/03), the Vile-Parle Blast case (DCB-CID, C. R. No. 9/03) and the Bombay Central Blast case (DCB-CID, C. R. No. 59/03 ). The State has filed a joint/combined charge-sheet before the Special Court









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