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ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
Maulana Naseeruddin Mohd. Haneefuddin – Appellant
Versus
State of Gujarat – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J. —

1. Leave granted.

2. Challenge in this appeal is to the order passed by a Division Bench of the Gujarat High Court dismissing the criminal Appeal filed by the appellant. The said appeal related to the rejection of prayer for bail in connection with Crime Register No.I-6 of 2003 registered with DCB (Crime Branch) Police Station, Ahmedabad.

3. Factual position in a nutshell is as follows:

“An FIR was lodged on 4.4.2003 with DCB Police Station, Ahmedabad, alleging that a conspiracy was hatched by Mufti Sufiyan and Rasulkhan Party at Ahmedabad and Hyderabad to commit murder of Hindu leaders through boys by imparting them training in arms in Pakistan. The complaint was filed for the alleged commission of offences punishable under Sections 120(B), 121, 121(A), 122, 123 of the Indian Penal Code, 1860 (in short ‘IPC’) and Sections 25(1) (b),(c), 27 and 29 of the Arms Act, 1959 (in short ‘Arms Act’). Thereafter on 19.4.2003, in pursuance of report of police Inspector, Mr. M.M. Vaghela, Sections 3(1)ab, 3(3), 4, 20, 2l(2)b, 22 (3) (a) (b) of Prevention of Terrorism Act, 2002 (in short ‘POTA’) were added. The charge sheet was filed in POTA Court qua the co-ac

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