New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2017 (2) TMI 517 - SUPREME COURT OF INDIA

2017 (2) TMI 517 - SUPREME COURT OF INDIA - TMI - 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 futu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ay be done through video conferencing to be organized 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rorist and Disruptive Activities (Prevention) Act, 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 Cu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d the Appellant was arrested at 1700 hrs on 10.12.2004. 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 w .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ie case of Appellant s involvement in serious offences 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 Appella .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ned so far and there is no likelihood of the completion 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 Guja .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ed under Section 20A (1). He urged that the Appellant 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

val under Section 20A (1) of the Act was a sine qua 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 H .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tiate the entire proceedings and result in acquittal 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 i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ded under Section 15 of the TADA, the same cannot 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) Ac .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version