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2015 Supreme(Raj) 158

PRASHANT KUMAR AGARWAL
Jagdish – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
Mr.S.L.Meena, Mr.Kamal Gupta, Mr.Rajneesh Gupta, Mr.Pankaj Gupta, Mr.RDS Naruka, Mr.Virendra Dave, Mr.Ashvin Garg, Mr.Shailendra Balwada, Mr.Mohd.Iqbal Khan, Mr.Rahul Tiwari, Mr.S.P.Poshwal, Mr.Jitendra Pandey, Mr.R.P.Vijay for the petitioners.
Mr.Prakash Thakuria, Public Prosecutor for the State.
Mr.Munidra Singh, IO PS Sadar, Dausa, Mr.Vijay Singh IO, PS, Hindaun, Mr.Bajranglal SI/IO PS Chaksu, Mr.Mahesh Chand, CI, PS Badi, Mr.Sunilal SI PS Chopakni, Alwar., Mr.Babulal SI, PS Bhiwadi Alwar.

ORDER :

Each of the accused-petitioner has moved a separate application for grant of bail under Section 439 Cr.P.C. Although, the aforesaid bail applications arise out of different FIRs registered from time to time at different Police Stations situated in the State of Rajasthan, but as a common question of law has been raised in these applications, they are being decided and disposed of by this common order. The common question of law which has been raised in these applications is whether the substances/articles allegedly recovered from the possession of each of the accused-petitioners is an “explosive” within the meaning of the Explosives Act, 1884 (hereinafter to be referred as “the Act of 1884”) or an “explosive substance” within the meaning of the Explosives Substances Act, 1908 (hereinafter to be referred as ‘the Act of 1908’) and another question of law is whether the offence committed by each of the accused-petitioners is covered under the Act of 1884 or the Act of 1908. It is to be noted that if it is found that the offence so committed is punishable under the provisions of the Act of 1884, the same is to be treated as a bailable offence and the accused-petitioner is entitle

































































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