R.K.ABICHANDANI, H.N.DEVANI
Mohamad Ansar Kutubuddin Ansari – Appellant
Versus
State of Gujarat – Respondent
Judgment
R.K. Abichandani, J.— In all these appeals, the appellants have challenged the orders made by the learned Special Judge (POTA), rejecting the respective applications of these appellants for grant of bail on the ground that investigation was not completed within the time contemplated under Section 167(2) of the Code of Criminal Procedure, 1973 read with Section 49 of the Prevention of Terrorism Act, 2002 (POTA). The original applications were clubbed at the request of the learned Counsel appearing before the learned Special Judge (POTA) and argued together. Today, before us, the learned Counsel for the appellants has argued all these appeals together, since they involve a common question as to whether the appellants should be released on “default bail”.
2. The alleged incident occurred on 27.2.2002 near “A” cabin of the Godhra railway station, in which a mob attacked the Sabarmati Express train and set on fire coach No. S/6 that resulted in the death of 59 passengers and injuries to 48 passengers. On hundred and thirty-one persons were alleged to have been involved in conspiring and committing the said crime. All these appellants were arrested in connection with CR No. 9/
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