Case Note & Summary
The appeal arose from the rejection of a bail application by the Special Court under the Maharashtra Control of Organized Crime Act, 1999 and the National Investigation Agency Act. The appellant, Lt. Col. Prasad Purohit, was accused No. 9 in a case concerning a bomb blast at Malegaon on 29th September 2008, which killed six persons and injured 101. The prosecution alleged that the appellant was a key conspirator and founder of 'Abhinav Bharat', an organisation aiming to establish a 'Hindu Rashtra', and that he supplied RDX explosives for the blast. Charges were framed under various sections of the Indian Penal Code, Explosive Substances Act, Arms Act, Unlawful Activities (Prevention) Act, and MCOC Act. The appellant had been denied bail by the Special Court on 26th September 2016. Earlier, after multiple rounds of litigation, the Supreme Court on 15th April 2015 had restored his bail application to the Special Court for fresh consideration, excluding the application of MCOC provisions. The present appeal challenged the subsequent rejection order. The High Court heard the matter on 17th February 2017 and pronounced orders on 25th April 2017. The judgment text provided only the factual background and procedural history, omitting the court's analysis and final decision.
Issue of Consideration
CRIMINAL APPEAL NO.664 OF 2016
Case Details
2017 LawText (BOM) (04) 41
CRIMINAL APPEAL NO.664 OF 2016 along with CRIMINAL APPLICATION NO.1448 OF 2016
Ranjit More, Dr. Shalini Phansalkar-Joshi
Mr. Shrikant Shivade (for Appellant), Ms. Yogini Abhay Ugale, Mr. Sandesh D. Patil (for Respondent-NIA), Mr. J.P. Yagnik (APP for State), Mr. B.A. Desai, Mr. Shaikh Mohammed Sharif, Mr. Ansar Tamboli, Mr. Shahid Nadeem Ansari, Mr. Arshad (for Intervenor)
Lt. Col. Prasad Shrikant Purohit
State of Maharashtra, Through National Investigation Agency (NIA), New Delhi
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Nature of Litigation
Criminal appeal against rejection of bail application
Remedy Sought
Appellant sought bail from the Special Court; upon rejection, appealed to the High Court for grant of bail
Filing Reason
Special Court rejected bail application (Exhibit No.3139) on 26th September 2016; appellant challenged the order
Previous Decisions
Special Court had earlier dismissed Bail Application No.42 of 2008 on 31st July 2009; State's appeal against discharge under MCOC was allowed by High Court on 19th July 2010; Supreme Court by order dated 15th April 2015 restored appellant's bail application to Special Court for fresh decision excluding MCOC provisions; Special Court again rejected bail on 26th September 2016
Judgment Excerpts
On 29th September 2008, at about 9:35 pm, the bomb explosion took place at Malegaon, District Nashik, opposite Shakil Goods Transport Company, between Anjuman Chowk and Bhiku Chowk.
Appellant is one of the twelve accused, who are charge-sheeted by 'Anti Terrorist Squad, Mumbai', (for short, “ATS”), under Sections 302, 307, 326, 324, 427, 153A and 120B of the Indian Penal Code...
The Hon'ble Apex Court, by its common order dated 15th April 2015 passed in Criminal Appeal No.1969-1970 of 2010, decided all the Appeals filed by the Appellant and other co-accused, raising doubt about applicability of the provisions of MCOC Act to these accused, except Accused No.7.
Procedural History
The appeal arises from the rejection of bail by the Special Court under MCOC and NIA Acts on 26th September 2016. Early in the proceedings, the appellant had been arrested on 5th November 2008. The Anti Terrorist Squad (ATS) filed a charge-sheet on 20th September 2009. The MCOC Act provisions were invoked on 29th November 2008. The appellant's first bail application was rejected by the Special Court on 31st July 2009, but the State's appeal against discharge under MCOC was allowed by the High Court on 19th July 2010, leading to dismissal of the bail appeal by the High Court on 9th November 2011. The Supreme Court, in its order dated 15th April 2015, restored the bail application to the Special Court for fresh decision excluding the MCOC provisions. The Special Court again rejected bail on 26th September 2016, leading to the present appeal heard on 17th February 2017 and decided on 25th April 2017. The judgment provided only the factual background and procedural history up to the filing of the fresh bail application; the final order of the High Court was not included in the extract.
Acts & Sections
- Indian Penal Code: 302, 307, 326, 324, 427, 153A, 120B
- Explosive Substances Act, 1908: 3, 4, 5, 6
- Arms Act, 1959: 3, 5, 25
- Unlawful Activities (Prevention) Act, 1967: 15, 16, 17, 18, 20, 23
- Maharashtra Control of Organized Crime Act, 1999: 3(1)(i), 3(1)(ii), 3(2), 3(4), 3(5)
