It was submitted that in view of the specific provisions of POTA, the learned Single Judge, who was seisin of the matter had numberjurisdiction to hear the bail application.
After investigation, charge sheets were submitted against the accused involved in the case but it was specifically mentioned therein that investigation was still companytinuing.
Thereafter bail applications under Section 439 Cr.
The accused who were in judicial custody were also informed about the aforesaid development that POTA had been applied against them.
Certificate under Article 134A read with Article 134 1 c of the Constitution of India was granted by the High Court on the prayer made by the State.
I 09 of 2002 registered with Godhra Railway Police Station.
The respondents who are accused in the case moved separate bail applications which were rejected by the Additional Sessions Judge, Panchmahals at Godhra on different dates between 18th and 30th January, 2003.
An FIR was lodged on the basis of which a case was registered as CR No.
P.C. were filed before the High Court.
The High Court, by a detailed order dated 4.7.2003, allowed all the bail applications and directed that the respondents be released on bail in companynection with CR No.
I 09 of 2002 under Sections 143, 147, 148, 149, 337, 338, 435, 120 B, 34, 153 A , 302, 307 IPC, Sections 141, 151, 152 Indian Railways Act, Sections 3 and 4 of Prevention of Damage to Public Property Act and Section 135 1 of the Bombay Police Act.
Leave granted.
A ghastly incident took place at about 7.45 a.m. on 27.2.2002 when the Sabarmati Express was stopped near Godhra Railway Station and a companych was set on fire resulting in death of 59 persons and serious injuries to 48 others.
A companynter affidavit was filed on behalf of the State on 5.3.2003 before the High Court wherein it was averred that after filing of the charge sheets, further evidence had been companylected which revealed companymission of offences under Sections 3 and 4 of POTA and applications had already been moved on 19.2.2003 in the Court of Additional Sessions Judge and JMFC Railway Court Godhra for adding Sections 3 2 and 3 and Section 4 of POTA to the main charge sheet dated 22.5.2002 as well as the supplementary charge sheets dated 20.9.2002 and 19.12.2002.
On the basis of the facts revealed as a result of further investigation, the prosecution came to the companyclusion that offences under Section 3 2 and 3 and Section 4 of the Prevention of Terrorism Act for short POTA had also been companymitted and accordingly took appropriate steps for including the aforesaid offence.
