1 These two applications can be conveniently disposed of by a common order, as the applicants are the accused in one and the same case. i.e. Sessions Case No.655 of 2011 pending before the Additional Sessions Judge, at Sewree, Mumbai.

2 The applicant Jyoti Chorge -(in Bail Application No.1020 of 2012) is the Accused No.4, while the applicant Sushma (in Bail Application No.1066 of 2012) is the Accused No.2 in the said case. The case is in respect of offences punishable under sections 387 IPC, 419 IPC, 465 IPC, 467 IPC, 468 IPC, 471 IPC read with section 120B of the IPC, and also in respect of offences punishable under section 10, 13, 17, 18, 18A, 18B, 20, 21, 38, 39, 40(2) of the Unlawful Activities (Prevention) Act 1967, as amended upto 2008 (hereinafter referred to as 'UAP Act' for the sake of brevity). There are totally seven accused who have been arrested in the said case and eight more are said to be absconding and wanted.

3 The applicants are alleged to be the members of the Communist Party of India (Maoist) which is a Terrorist Organization. The Central Government has declared it to be so by a notification issued on 22 June 2009 whereby the said Organization was enlisted in the schedule appended to the said Act. The prosecution case is that on 25 April 2011, on certain information, the Anti Terrorism Squad, which is the Investigating Agency in the present case, arrested one Angela Sontakke @ Angela Teltumbde (Accused No.1 in this case). Certain incriminating articles which are said to be provocative publicity material etc. were found with her. When she was interrogated, she led the police to her house i.e. a room where she was residing with the Accused No.2 Sushma (Applicant in BA No.1066/12). The Accused No.2 was present in the said room. The said room was searched and some laptops, mobile handsets, some audio and video cassettes which are said to be the publicity material of the Organization i.e. Communist Party of India (Maoists) were found in the said room. The accused no.2 Sushma was also apprehended.

On the interrogation of the accused no.1, and the applicant Sushma, some further information was received by the Investigating Agency. On that basis, a trap was laid at a PMT bus stop; and on 27 April 2011, the Accused No.4 Jyoti (Applicant in BA 1020/12), and another accused – Accused No.3 Nandini Panjabrao Bhagat @ Jeny were apprehended. The applicant Jyoti was found in possession of blue colour travel bag containing mobile handset with sim card, a battery, some literature of the Communist Party of India (Maoist) Organization. The said co-accused Nandini Bhagat was found in possession of cash of Rs.1,90,000/-, some CDs, a fake PAN card and some other articles. After the arrest of the applicant Jyoti, her residential room at Bhosari was searched. One Anuradha Sonule – Accused no.5 was found present in the said house. She was ill and was therefore removed to the hospital for medical treatment. During the search of the room where the applicant Jyoti was residing, some publicity material/literature of the banned Organization Communist Party of India (Maoist), some pocket diaries containing telephone numbers and other details, mobile sim cards etc. were found.

4 The substance of the allegation against the applicants is that they are members of a Terrorist Organization i.e. Communist Party of India (Maoist). It is also alleged that the applicants were fully aware of the activities of the said Terrorist Organization, and had knowingly associated with persons indulging into such activities.

5 I have heard Mr. Sudeep Pasbola and Ms. Sharmila Kaushik, the learned Advocates for the applicant in BA no.1066 of 2012. I have heard Mr. Mihir Desai, learned Advocate for the applicant in BA No.1020 of 2012. I have heard Ms. Rohini Salian, Special Public Prosecutor for the State, at length.

6 With the assistance of the learned counsel, and the learned Special Public Prosecutor, I have gone through the relevant parts of the ch