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2011 Supreme(Bom) 1310

R.C.CHAVAN
Lt. Col. Prasad Shrikant Purohit – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Applicants:Shrikant Shivade with M.S. Mohite, Advocates.
For the Respondents:Mrs. Rohini Salian, appointed Public Prosecutor, R1, Mrs. S.D. Shinde, J.P. Kharge, APP, V.T. Tulpule, Senior Counsel, R2, Mrs. Rohini Salian, Special Public Prosecutor, H.J. Kandalkar, Mandar Goswami, Advocates.

Judgment :

1. These two applications for bail have been filed by two persons arrested and chargesheeted in connection with bomb blasts at Malegaon, District Nasik on 29th September, 2008, for their alleged involvement in offences punishable 120B, 302, 307, 326, 324, 153-A, 427 of the Indian Penal Code read with Sections 3, 4, 5 and 6 of Explosive Substances Act read with Sections 3(1)(i), 3(2), 3(4) and 3(5) of the Maharashtra Control of Organised Act (hereinafter referred to as MCOCA) and read with Sections and Sections 3, 5 and 25 of the Indian Arms Act read with Sections 16, 18 and 23 of Unlawful Activities (Prevention) Act (hereinafter referred to as UAPA). The applicants were arrested on 5th November, 2008 and 2nd November, 2008 respectively.

2. Facts which are relevant for the purpose of deciding these two applications and which may, for the sake of arguments, be taken to be not in serious dispute are as under:-

Applicant Lt. Colonel Prasad Purohit is a serving Army officer, who was also associated with Military Intelligence and Anti Terrorism/Insurgency activities. He claims to have knowledge about various terror outfits. Applicant Ajay Rahirkar is a businessman/industrialis





























































































































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