CHANDRA PRAKASH Vs. STATE OF RAJASTHAN
LAWS(SC)-2014-5-29
SUPREME COURT OF INDIA
Decided on
May 09,2014
CHANDRA PRAKASH
Appellant
VERSUS
STATE OF RAJASTHAN
Respondents
Referred Judgements :-
WILLIE WILLIAM SLANEY VS. STATE OF MADHYA PRADESH [REFERRED TO]SARWAN SINGH RATTAN SINGH HARBANS SINGH BHAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
RAMANLAL MOHANLAL PANDYA VS. SATE OF BOMBAY [REFERRED TO]
STATE OF UTTAR PRADESH VS. DEOMAN UPADHYAYA [REFERRED TO]
MAJOR E G BARSAY VS. STATE OF BOMBAY:HARNAM SINGH RAM SINGH KOCHHAR [REFERRED TO]
R K DALMIA VS. DELHI ADMINISTRATION [REFERRED TO]
PRABHOO VS. STATE OF UTTAR PRADESH [REFERRED TO]
BHIVA DOULU PATIL VS. STATE OF MAHARASHTRA [REFERRED TO]
HAROOM HAJI ABDULLA VS. STATE OF MAHARASHTRA [REFERRED TO]
MOHAMMAD HUSAIN UMAR KOCHRA VS. K S DALIPSINGHJI [REFERRED TO]
LENNART SCHUSSLER VS. DIRECTOR OF ENFORCEMENT AND AN [REFERRED TO]
HIMACHAL PRADESH ADMINISTRATION VS. OM PRAKASH [REFERRED TO]
TRIBHUVAN NATH VS. STATE OF MAHARASHTRA [REFERRED TO]
RAM NARAIN VS. STATE OF RAJASTHAN [REFERRED TO]
RAVINDER SINGH VS. STATE OF HARYANA [REFERRED TO]
MOHMED INAYATULLAH VS. STATE OF MAHARASHTRA [REFERRED TO]
MODAN SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
SHIVNARAYAN LAXMINARAYAN JOSHI STATE OF MAHARASHTRA VS. STATE OF MAHARASHTRA:LOONKARAN HANSRAJ [REFERRED TO]
MOHAMMAD USMAN MOHAMMAD HUSSAIN MANIYAR VS. STATE OF MAHARASHTRA [REFERRED TO]
BALWANT KAUR VS. UNION TERRITORY OF CHANDIGARH [REFERRED TO]
CHANDAN VS. STATE OF RAJASTHAN [REFERRED TO]
RANJEET SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
RAMANAND RAMNATH VS. STATE OF MADHYA PRADESH [REFERRED TO]
STATE OF TAMIL NADU VS. SIVARASAN ALIAS RAGHU ALIAS SIVARASA [REFERRED TO]
A DEVENDRAN R PANDIAN VS. STATE OF TAMIL NADU :STATE OF TAMIL NADU [REFERRED TO]
STATE OF MAHARASHTRA VS. SURESH [REFERRED TO]
STATE OF MADHYA PRADESH VS. BHUPENDRA SINGH [REFERRED TO]
MOHAMMAD ASLAM VS. STATE OF MAHARASHTRA [REFERRED TO]
K PREMA S RAO VS. YADLA SRINIVASA RAO [REFERRED TO]
ANIL KUAMR VS. STATE OF UTTAR PRADESH [REFERRED TO]
ANTER SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
DALBIR SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
A N VENKATESH VS. STATE OF KARNATAKA [REFERRED TO]
YOGESH ALIAS SACHIN JAGDISH JOSHI VS. STATE OF MAHARASHTRA [REFERRED TO]
ANNA REDDY SAMBASIVA REDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
STATE OF U P VS. PARAS NATH SINGH [REFERRED TO]
VIKRAM SINGH VS. STATE OF PUNJAB [REFERRED TO]
MOHD ARIF ALIAS ASHFAQ VS. STATE OF NCT OF DELHI [REFERRED TO]
MRINAL DAS VS. STATE OF TRIPURA [REFERRED TO]
SANTOSH KUMARI VS. STATE OF J AND K [REFERRED TO]
MUNNA KUMAR UPADHYAYA ALIAS MUNNA UPADHYAYA VS. STATE OF ANDHRA [REFERRED TO]
PULUKURI KOTTAYA VS. EMPEROR [REFERRED TO]
Cited Judgements :-
SAVITA DEVI VS. STATE OF M.P. [LAWS(MPH)-2015-9-3] [REFERRED TO]JAGDISH AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-68] [REFERRED TO]
VIJAY AND ORS. VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-6-84] [REFERRED TO]
SIVALAL VS. STATE OF KERALA [LAWS(KER)-2022-7-146] [REFERRED TO]
DEV BUX YADAV AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-5-152] [REFERRED TO]
DATTU RAMA THEURKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-12-181] [REFERRED TO]
MUKESH AND ANOTHER VS. STATE FOR NCT OF DELHI AND OTHERS. [LAWS(SC)-2017-5-43] [REFERRED TO]
PRAKASH DESAI VS. STATE OF M P [LAWS(MPH)-2015-9-151] [REFERRED TO]
STATE OF A.P. VS. MOHAMMAD ABDUL SAMMAD MUNNA [LAWS(APH)-2024-5-49] [REFERRED TO]
TILAK SINGH VS. STATE OF M P [LAWS(MPH)-2017-10-309] [REFERRED TO]
KHOKAN GIRI @ MADHAB VS. STATE OF WEST BENGAL [LAWS(SC)-2016-12-54] [REFERRED TO]
SHIBU DEB VS. STATE OF TRIPURA [LAWS(TRIP)-2019-8-2] [REFERRED TO]
KRISHNA KUMAR KEDIA SON OF LATE CHAJU RAM KEDIA VS. UNION OF INDIA THROUGH C B I PATNA [LAWS(PAT)-2018-4-13] [REFERRED TO]
LILESHWAR SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-10-11] [REFERRED TO]
ASHUTOSH KAITHWAS VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-11-108] [REFERRED TO]
ABDUL RAUF DAWOOD MERCHANT VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-7-1] [REFERRED TO]
MEPA VS. STATE OF GUJARAT [LAWS(GJH)-2015-9-39] [REFERRED TO]
SANJAY JAIN @ NAWAB VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-2017-9-172] [REFERRED TO]
BHIKUBHAI DAYARAM THANKI AND ANR. VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-8-221] [REFERRED TO]
STATE OF SIKKIM VS. TENZING BHUTIA [LAWS(SIK)-2020-11-10] [REFERRED TO]
MANISH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-11-129] [REFERRED TO]
V. V. TOMY VS. INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE [LAWS(KER)-2020-10-532] [REFERRED TO]
SORHAB ALI (MD.) AND ORS. VS. STATE OF ASSAM [LAWS(GAU)-2015-12-27] [REFERRED TO]
ANIL KUMAR DUBEY VS. PRADEEP KUMAR SHUKLA [LAWS(CHH)-2017-1-27] [REFERRED TO]
AJJU RAM VS. STATE OF U P [LAWS(ALL)-2018-1-145] [REFERRED TO]
CHANDAN MISHRA VS. THE STATE OF BIHAR [LAWS(PAT)-2016-11-12] [REFERRED TO]
JUDGEMENT
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(1.)On 26th January, 1996, a day of celebration and conscientious remembrance of the "Red Letter Day" in the history of India because 26th January is the date in 1950, when our organic, inclusive, humane and compassionate Constitution came into existence being given by the people of this country to themselves and the nation has been obliged to jubilate remembering the said important day in our national history, for it chartered the path of many an emancipation and conferred on the people the highly cherished fundamental rights; about 8.30 a.m., there was a blast of explosive substances between Gate No.12 and Gate No. 13, towards the southern and eastern side of Sawai Man Singh Stadium Jaipur, where the State level function on Republic Day was going to be celebrated. Soon after the blast, Prahlad Singh, the Station House Officer, Police Station lodged an FIR about 9.30 a.m. which was registered as FIR No. 39/1996. As per the FIR, when the blast took place, the people who had assembled were asked to leave the stadium so that there could be a check. During the check, it was found that due to the blast, a big size crater had come into existence at the scene of explosion. That apart, by the said explosion, the sand hopped upward and fell on the places meant for sitting in the stadium and also on the roof. The glasses of the windows of the pavilion near the explosion had broken into pieces. At the time when the explosion had occurred, only police personnel but no civilians were present in that part of the stadium. The public at large, which was present inside the Stadium, was informed to leave the Stadium so that the check and security could be carried out. Due to the sound caused by the explosion, one Ramgopal Choudhary, an employee of the Public Works Department, who was passing nearby, had met with an injury on his ear for which he was immediately sent to the hospital. On the basis of the FIR, offences under Section 120-B read with Sections 307 and 427 IPC, under Section 3 of the Prevention of Damage to Public Property Act, 1984 and under Section 3 of the Explosive Substances Act, 1908 (for short "the 1908 Act") and also under Section 9B of the Explosive Act, 1884 (for brevity "the 1884 Act") were registered and the investigation commenced. Later on, the investigation of the case was transferred to C.I.D(C.B.).
(2.)During the investigation, an anonymous letter in Urdu language dated 1st June, 1997 was sent to the Superintendent of Police, wherein some information was given which was alleged to have been gathered by the senders who described themselves as well wishers while they were in custody in the Central Jail, Jaipur, in respect of the bomb-blast that took place on 26th January, 1996 at the SMS Stadium, Jaipur. In that letter, the names of some persons, i.e., Raies Beg of Agra, Dr. Abdul Hamid of Firozabad and Pappu Puncturewala were mentioned. It was also mentioned that the ISI of Pakistan was behind the bomb-blast. On the basis of the said information, the investigating officer arrested five persons, namely, Abdul Hamid, Raies Beg, Abdul Mateen, Pappu @ Saleem and Chandra Prakash on various dates.
(3.)During the investigation, the investigating agency recovered a live time bomb from SMS Stadium and explosive items were recovered from Roopwas, District Bharatpur. In the course of the investigation, accused Pappu @ Saleem filed an application under Section 306 of the Code of Criminal Procedure (for brevity "the Code") before the Chief Judicial Magistrate on 14.8.1997 who, by order dated 30.8.1997, authorized the Additional Chief Judicial Magistrate No. 6 to record the statement of the said accused under Section 164 of the Code and thereafter, the Chief Judicial Magistrate, by a reasoned order dated 20.9.1997, allowed the application. After carrying out the detailed investigation, the police laid the charge- sheet against the arrested accused persons, namely, Chandra Prakash, Abdul Mateen, Raies Beg and Abdul Hamid.
(2.)During the investigation, an anonymous letter in Urdu language dated 1st June, 1997 was sent to the Superintendent of Police, wherein some information was given which was alleged to have been gathered by the senders who described themselves as well wishers while they were in custody in the Central Jail, Jaipur, in respect of the bomb-blast that took place on 26th January, 1996 at the SMS Stadium, Jaipur. In that letter, the names of some persons, i.e., Raies Beg of Agra, Dr. Abdul Hamid of Firozabad and Pappu Puncturewala were mentioned. It was also mentioned that the ISI of Pakistan was behind the bomb-blast. On the basis of the said information, the investigating officer arrested five persons, namely, Abdul Hamid, Raies Beg, Abdul Mateen, Pappu @ Saleem and Chandra Prakash on various dates.
(3.)During the investigation, the investigating agency recovered a live time bomb from SMS Stadium and explosive items were recovered from Roopwas, District Bharatpur. In the course of the investigation, accused Pappu @ Saleem filed an application under Section 306 of the Code of Criminal Procedure (for brevity "the Code") before the Chief Judicial Magistrate on 14.8.1997 who, by order dated 30.8.1997, authorized the Additional Chief Judicial Magistrate No. 6 to record the statement of the said accused under Section 164 of the Code and thereafter, the Chief Judicial Magistrate, by a reasoned order dated 20.9.1997, allowed the application. After carrying out the detailed investigation, the police laid the charge- sheet against the arrested accused persons, namely, Chandra Prakash, Abdul Mateen, Raies Beg and Abdul Hamid.
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