STATE OF RAJASTHAN vs SHAHBAZ HUSSAIN @ SHAHBAZ AHMED @ SHANU S/O SHRI MUMTAZ AHMAD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(RAJ) 14491

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Appeal (DB) No. 208/2022
1. Saifurrehman Ansari S/o Abdul Rehman Ansari, R/o House No. 246, Badarka Mohalla, Ps Azamgarh, District Azamgarh, Uttar Pradesh (Presently Confined In Central Jail, Jaipur)
2. Mohd. Sarvar Azmi, S/o Mohd. Haneef, R/o Post Chandpatti, Tehsil Sagri, Ps Ronapar, District Azamgarh, Uttar Pradesh (Presently Confined In Central Jail, Jaipur)
3. Mohd. Saif S/o Shadab Ahmed, R/o Gram Post Sanjarpur, Tehsil Nizamabad, Ps Saraimeer, District Azamgarh, Uttar Pradesh (Presently Confined In Central Jail, Jaipur )
4. Mohd. Salman S/o Shakeel Ahmed, R/o Gram Post Sanjarpur, Tehsil Nizamabad, Ps. Saraimeer, District Azamgarh, Uttar Pradesh ( (Presently Confined In Central Jail, Jaipur )
----Appellants Versus State Of Rajasthan, Through Its Public Prosecutor ----Respondent Connected With D.B. Criminal Appeal (DB) No. 250/2022 State Of Rajasthan, Through PP ----Appellant Versus
1. Shahbaz Hussain @ Shahbaz Ahmed @ Shanu S/o Shri Mumtaz Ahmad, Aged About 42 Years, R/o Mohalla Katra Bazar, Bahdohi (Up) At Present R/o House No. 155/117(2) Hata Sulema Kadar, Molviganj P.s. Naka Hindoli, Lucknow. U.p.
2. Shri Mohammad Saif @ Kairion S/o Shri Shadab Ahmad, Aged About 32 Years, R/o Village Sanjrpur, P.s.
Saraimeer, Distt. Azamgarh (Up)
3. Shri Mohammad Sarver Azami @ Rajhans Yadav S/o Shri Mohammad Hanif, Aged About 34 Years, R/o Chand Patti Bazar, P.s. Ronapar Zila, Distt. Aazamgarh, (Up)
4. Shri Saifur @ Saifurrahman Ansari S/o Shri Abdul Rahman Ansari, Aged About 32 Years, R/o 246, Badrka, P.s. Kotwali, Distt. Aazamgarh (Up)
5. Shri Mohmmad Salman S/o Sakil Ahamad, R/o Sanjarpur, P.S. Saraimeer, Distt. Azamgarh (Up)
----Respondents For State(s) : Ms. Rekha Madnani, Addl.G.A.
assisted by Ms. Savita Nathawat For Accused(s) : Ms. Nitya Rama Krishnan, Sr. Adv.
Assisted by Mr. Vibhor Jain, Mr. Shivam Sharma, Mr. Mayank Sapra, Mr. Syed Saddat Ali, Mr. Aswath Sitaraman, Mr. Raghav Tankha, Ms.
Stuti Rai Mr. Shri Singh, Mr. Siddarth Satija, Mr. Rajat Kumar, Ms. Tusharika Mattoo, Ms. Ipsita Agarwal, Mr. Akash Sachan, Ms. Zehra Khan, Mr. Syed Saddat Ali Mr. Vishal Gosain, Ms. Seema Mishra, Ms. Deeksha Dwivedi, Mr. Harsh Bohra, Mr. Syed Saddat Ali Mr. Ashok Agarwal, Mr. Nishant Vyas, Mr. Mujahid Ahmed, Ms. Aditi Sarswat HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

RESERVED ON :: 03/11/2022 PRONOUNCED ON :: 29/03/2023 (Per Hon’ble Pankaj Bhandari, J.)

D.B. Criminal Appeal No.208/2022 & 250/2022:

1. Accused Mohammad Salman, Saifur @ Saifurrehman Ansari, Mohammad Saif @ Karain and Mohammad Sarvar Azmi @ Rajhans Yadav have preferred D.B. Criminal Appeal No.208/2022, aggrieved by the judgment of conviction dated 18.12.2019 and order of sentence dated 20.12.2019 passed by Special Judge, Jaipur Bomb Blast Cases, Jaipur in Sessions Case No.7/2010 – State Versus Shahbaz Hussain @ Shahbaz Ahmed @ Shanu & Ors., FIR No.132/2008, Police Station, Manak Chowk, Jaipur City (North), whereby accused Shahbaz Hussain was acquitted from the charges levelled against him and other accused Mohammad Salman, Saifurrehman Ansari, Mohammad Saif and Mohammad Sarvar Azmi were convicted and State of Rajasthan has also preferred D.B. Criminal Appeal No.250/2022 against the acquittal of Shahbaz Hussain @ Shahbaz Ahmed @ Shanu and for enhancement of sentence of other accused. Accused Mohammad Salman, Saifurrehman Ansari, Mohammad Saif and Mohammad Sarvar Azmi were acquitted from the charges under Sections 302, 307, 326, 324, 427, 124-A, 153-A of IPC, Section 3 of Prevention of Damage to Public Property Act read with Section 120-B IPC, Sections 4 and 5 of Explosive Substances Act, 1908 read with Section 120-B IPC, Section 6 of Explosive Substances Act, 1908, Sections 3/10, 20, 38 of Unlawful Activities (Prevention) Act, 1967. Accused Mohammad Salman, Saifurrehman Ansari, Mohammad Saif and Mohammad Sarvar Azmi have been convicted by the Court for the following offences:

Mohammad Salman, Saifurrehman Ansari, Mohammad Saif and Mohammad Sarvar Azmi:-

Offence	Sentence	Fine	Sentence in default of fine
U/s 302/120-B, 307/120-B, 121-A, 124- A/120-B IPC, Section 3 of Explosive Substances Act, 1908 r/w	Life Imprisonment	Rs.50,000/-	3 months

Section 120-B IPC
U/s 326/120-B IPC	5 years R.I.	Rs.10,000/-	3 months
U/s 324/120-B IPC	3 years R.I.	Rs.5,000/-	3 months
U/s 153-A/120- B IPC	3 years R.I.	Rs.50,000/-	3 months
U/s 13 of Unlawful Activities (Prevention) Act, 1967	7 years R.I.	Rs.50,000/-	3 months
U/s 18 of Unlawful Activities (Prevention) Act, 1967	Life Imprisonment	Rs.50,000/-	3 months

All sentences were directed to run concurrently.

2. Succinctly stated the facts of the case are that a spate of explosions took place in the crowded market, places of the walled pink city of Jaipur on Tuesday, May 13, 2008 within a short span of 20 minutes, resulting into death of 71 persons and injuries to 185 persons. In each of the blast sites, the bombs were planted on brand new bicycles, which were placed at carefully selected crowded market places near temples and police stations. In total 8 FIRs were registered, 4 FIRs were registered at Police Station Kotwali and 4 FIRS were registered at Police Station Manak Chowk.

3. The present appeals pertain to FIR No. 132/2008, Police Station Manak Chowk, Jaipur. The author of the FIR was Mohan Lal. The place of incidence of blast in this FIR is Peetliyon Ka Rasta, Jauhari Bazar. The total number of persons injured were 20 and those who died in the blast were 7.

4. On next day of the incident i.e. 14.05.2008, an Email was received by TV Channels and News Agencies India TV and Aaj Tak by which Indian Mujaheedeen Organization took the responsibility of serial bomb blasts in Jaipur. Along with the Email, one video clip was also received, which pertained to bicycle and a bag on that bicycle. In the first part of the Email, there is a mention about the bicycle with frame No.129489, which was placed near Police Station Kotwali at Chhoti Chaupad. The bicycle with the same frame number was seized from the blast site near Police Station, Kotwali in a damaged condition in FIR No.117/2007. Exactly 4 months after the Jaipur blasts i.e. on 13.09.2008, there were serial bomb blasts at 5 places in Delhi. On 19.9.2008, a Team of Delhi Police Special Cell r

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