- (1.) Leave granted.
(2.) These appeals arise out of the judgments and orders dated 8.9.2006 as also the judgment and order dated 10.8.2006 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 334 of 2005 and Criminal Appeal No. 751 of 2006 respectively whereby and whereunder the bail petitions filed by both the appellants were dismissed. A First Information Report was lodged on or about 4.4.2003 for commission of an alleged offence under Section 120(B), 121, 121(A), 122 and 123 of the Indian Penal Code, 1860 and Section 25(1)(b), 25(1)(c), 27 and 29 of the Arms Act, 1959 in the D.C.B. Police Station, Ahmedabad. The names of the appellants, however, did not figure in the said First Information Report. The first informant was one Tarun Kumar Amrutlai Barot, Police Inspector, Ahmedabad Crime Branch. An information was received that after the Godhra massacre some youths from Ahmedabad City had gone to Pakistan for obtaining training for carrying out terrorist activities with a view to take revenge of loss of lives and properties caused to the Muslim community in communal riots which had taken place therein and they have returned back to India after training. An investigation was carried out. On the allegations that he was a party to the conspiracy, Appellant Afzal Khan was arrested on 15.4.2003. We may notice that a First Information Report almost on the same terms was registered in Hyderabad on or about 19.4.2003 wherein also allegations had been made that a group of boys had gone to Pakistan for terrorist training. Appellant Saiyed Ejaz Ahmed @ Chota Ejaz who is a resident of Hyderabad was arrested in connection with the said case on 3.12.2003. During investigation of the Ahmedabad case also, Appellant Saiyed Ijaz Ahmed was arrested by the Gujarat Police on 14.12.2003.
(3.) A chargesheet against the first appellant was filed on 10.9.2003 and a chargesheet against the second appellant was filed on 21.1.2004.;