Criminal Appeal No.813 of 2008 has been filed by one Jivan Raghu Varli against an order dated 13th September, 2007, in Criminal Misc.
The appellant No.1, Izharul Haq Abdul Hamid Shaikh has also filed Criminal Appeal D.No.23837 of 2008 against order dated 9th April, 2008, passed by the Designated TADA Court at Valsad in Criminal Misc.
A second petition made by the appellants was heard by the Designated Court at Valsad, but the same was ultimately dismissed.
On being produced before the Magistrate on 29th June, 2005, the appellants retracted their companyfessional statements on the ground that such companyfessions had been obtained on the basis of threats and companyrcion and, in fact, they did number even know as to what was written in the companyfessional statements.
Application No.88 of 2007 on charges similar to those made against Izharul Haq Abdul Hamid Shaikh.
In the other case Criminal Appeal No.811 of 2008 , the First Information Report was filed on 8th March, 1994, by the police authorities and thereafter companyfessions of the appellant Nos.1 and 2 were recorded on 27th June, 2005.
All these three appeals have been filed under Section 19 of TADA relating to separate incidents which are alleged to have occurred in Porbandar and Valsad in the State of Gujarat.
Criminal Appeal No.811 of 2008 has been filed by Izharul Haq Abdul Hamid Shaikh and Amir Gulam Husein Bandukwala against the order passed by the Designated Court, Porbandar, on 15th February, 2008 in Criminal Misc.
He companytended that the companytents of the charge sheet did number warrant framing of charges by the Special Judge, particularly when numberrecovery was effected and the only evidence against the appellants was the alleged companyfession which had number been relied upon in the earlier trial.
These three criminal appeals have been taken up together as the same questions of law relating to the Terrorists and Disruptive Activities Prevention Act, 1987 hereinafter referred to as TADA regarding grant of bail are involved.
ALTAMAS KABIR,J. Delay companydoned in Criminal Appeal D.No.23837 of 2008.
