- (1.)The present order will dispose of four appeals Crl. A. 229/2011 Tariq Mehmood & Anr. v. State; Crl. A. 307/2011 Arshad Khan v. State; Crl. A. 281/2011 Mufti Mohd. Asrar v. State and Crl. A. 986/2011 Ghulam Mohd. Dar v. State.
(2.)All the appellants Tariq Mehmood and Ishaq Ahmed (in Crl. A. 229/2011), Arshad Khan; Mufti Mohd. Asrar and Ghulam Mohd. Dar were tried together with several other accused. By common judgment and order dated 24.12.2010 and 15.01.2011 of Ms. Pinki, learned ASJ/Designated Court, Saket, New Delhi (which have been challenged in the present appeals), these accused/appellants were convicted for committing various offences. These appeals were heard on several dates. During the course of hearing, the appellant's counsel submitted that having regard to the nature of evidence and the fact that the principal accused Abdul Majeed was held guilty and awarded 10 years sentence for the offence of criminal conspiracy under Section 120-B IPC, (which was the maximum punishment to him), was reduced to 8 years Rigorous Imprisonment by this Court, in a previous order and that the same was to run concurrently with the sentences for the other offences, it was urged that having regard to the allegations leveled against these appellants, Tariq Mehmood and Ishaq Ahmed (in Crl. A. 229/2011), Arshad Khan; Mufti Mohd. Asrar and Ghulam Mohd. Dar, and the findings of the Trial Court, they would not be contesting or pressing for setting-aside of the conviction. The appellants were also present; they were present pursuant to production warrants issued by the Court. They concurred with the statements made on their behalf by the counsel.
(3.)The prosecution case was that the principal accused Abdul Majeed, in conspiracy with several others, had plotted committing various subversive and terrorist acts in India. These included possibility of kidnapping several highly-placed individuals, and also getting some terrorists, who were lodged in Indian jails, released in bargain. The role attributed to Abdul Majeed was a prominent one; he is alleged to have purchased a plot with a view to stay in India to provide hideout to the others, some of whom were from Pakistan and also to mastermind operations and provide logistic support.