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Umarmia Alias Mamumia Versus State Of Gujarat

2017 (2) TMI 517 - SUPREME COURT OF INDIA

Bail application filed by the Appellant under Section 439 Cr.P.C. and Section 20 (8) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 rejected - Held that:- Though the Appellant is involved in serious offences and has absconded for a period of 10 years before he was arrested in 2004, we see no reason to confine him to jail as he has already suffered more than 12 years in custody and the trial may not be completed in the near future. Taking note of the above, we grant relief of b .....

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zed by the State. If video conferencing cannot be arranged the Appellant will be produced before any court, if necessary, through Escort by the Police. - d.The Passport of the Appellant shall be surrendered before the Designated Court. - e. The Appellant shall not indulge in tampering of evidence and influencing of witnesses. - f. The State is at liberty to move for cancellation of bail, if the Appellant is found to be tampering with the evidence or causing hindrance to the progress .....

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1987 (hereinafter referred to as the Act ). 2. Crime No. I-43 of 1994 was registered under Section 154 Cr.P.C. for offences committed under Section 121, 121A, 122, 123, 124B r/w 34 of the Indian Penal Code, Section 25 (1A), (1B) and 25(1AA) of the Arms Act, Sections 9-B of the Explosives Act, Sections 3, 4, 5 and 6 of the Explosive Substances Act and Sections 3, 4 and 5 of the Act. The statement of one Suresh recorded under Section 108 of the Customs Act revealed that explosive substances, powd .....

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2004. 3. The involvement of the Appellant in the crime was set out in detail in the charge-sheet dated 06.06.2005. The Appellant conspired with Iqbal A Hussain and others sent by Mustapha Majnu Sheikh from Mumbai at his residence at Memonwada, Porbandar and finalized the plan to unload the ammunition. It was mentioned, inter alia, that the Appellant was present at the time of delivery of RDX, weapons etc. and he supervised the transport of some weapons to his house. The rest of the material was .....

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nces under TADA was made out. The Designated Court refused to release the Appellant on bail after examining his confessional statement recorded under Section 15(2) TADA. The Court also took note of the fact that the Appellant absconded for 10 years from 08.03.1994 to 10.12.2004. Likelihood of tampering of evidence and witnesses being influenced were also grounds which were taken into consideration by the Designated Court to deny bail. The Appellant filed this appeal challenging the validity of t .....

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etion of the trial in the near future. He also stated that many of the other accused have either been released on bail or had the benefit of the proceedings against them being quashed. He pleaded for grant of bail in view of his long incarceration for more than 12 years. To buttress his submission the counsel relied upon the judgments of this Court in Izharul Haq Abdul Hamid Shaikh v. State of Gujarat (2009) 5 SCC 283, Ashrafkhan v. State of Gujarat (2012) 11 SCC 606 and Hussein Ghadially v. Sta .....

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ant is the master mind of the conspiracy which resulted in smuggling of large scale arms and ammunition into the country. He submitted that there is every likelihood of the Appellant fleeing justice, if released on bail. 7. Section 20-A of the Act reads as under: 20-A. Cognizance of offence.- (1) Notwithstanding anything contained in the Code, no information about the commission of an offence under this Act shall be recorded by the police without the prior approval of the District Superintendent .....

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a non for recording of First Information Report. The Appellant therein was granted relief on the ground that prior approval was not obtained before recording the FIR. The submission of Mr. Sushil Kumar, who appeared for the Appellant in that case, that prior approval under Section 20A (1) was not accorded by the competent authority was accepted by Mr. Adhyaru who appeared for the State of Gujarat in that case. Mr.Adhyaru s submission in Izharul Haq Abdul Hamid Shaikh s case that though the order .....

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al of the accused for offences under the Act. (See: Anirudhsinhji Karansinhji Jadeja v. State of Gujarat, (1995) 5 SCC 302; Prakash Kumar v. State of Gujarat, (2005) 2 SCC 409; Izharul Haq Abdul Hamid Shaikh v. State of Gujarat, (2009) 5 SCC 283; Ashrafkhan v. State of Gujarat, (2012) 11 SCC 606; Hussein Ghadially v. State of Gujarat, (2014) 8 SCC 425) 10. After considering the submissions of both sides, we are of the opinion that the Appellant is entitled to be released on bail for the followin .....

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be looked into by us in view of the violation of Section 20A (1) of the TADA Act. 11. This Court has consistently recognised the right of the accused for a speedy trial. Delay in criminal trial has been held to be in violation of the right guaranteed to an accused under Article 21 of the Constitution of India. (See: Supreme Court Legal Aid Committee v. Union of India, (1994) 6 SCC 731; Shaheen Welfare Assn. v. Union of India, (1996) 2 SCC 616) Accused, even in cases under TADA, have been release .....

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