We have heard Shri Ram Jethmalani, learned senior companynsel for the petitioner, Shri Sushil Kumar, learned senior companynsel for the respondent State of Gujarat at companysiderable length and have perused the record.The present Special Leave Petition has been preferred challenging the aforesaid orders.
He moved an application for being enlarged on bail, which was rejected by the learned Special Judge POTA on 7.7.2003 and the appeal preferred by him against the said order was dismissed by a Division Bench of the High Court on 2.8.2003.
P. Mathur, J. An 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.
The petitioner herein was arrested in companynection with the said offence on 6.2.2003 and is charged for companymitting offences under Sections 143, 147, 148, 332, 337, 338, 435, 186, 120 b , 153 a , 302, 307, 395, 397 of Indian Penal Code and Section 3 2 and Section 3 3 of the POTA, and Sections 141, 151 and 152 of the Indian Railways Act and Sections 3 and 4 of the Prevention of Damage to Public Properties Act.
