Jharkhand High Court
Ajay Turi vs National Investigation Agency on 13 April, 2023
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No. 133 of 2023
Ajay Turi .... .... Appellant
Versus
National Investigation Agency, New Delhi .... .... Respondent
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CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Appellant : Mr.Vishnu Prabhakar Pathak, Advocate. For the Respondent : Mr. Amit Kumar Das, Advocate.
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Order No.06/dated 13.04.2023 Heard the learned Counsel for the parties. Learned Counsel appearing for the appellant has submitted while pressing the application for grant of bail, the paragraph 17.10, 17.11 and other paragraphs wherein save and except the incriminating thing has come that the appellant along with the active member of the terrorist gang has arranged electric wire, battery of motorcycle and petrol with gallons from Mccluskiganj and Bhangia respectively.
It has been contended that the allegation is also there that a hand script pamphlet causing threat to the people in general has also been found.
The further contention has been raised that the hand script of the said pamphlet has been sent for its examination in order to corroborate as to whether the script is written in the hand writing of the appellant. But the report has not yet come from the Forensic Lab of the Govt. examiner where the document has been sent.
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The learned Counsel for the appellant, therefore, submits that even accepting that the electric wire, battery of motorcycle and petrol has been purchased then also it cannot conclusively be said that merely for purchasing electric wire, battery of motorcycle and petrol, the same has been used in commission of crime and because of its purchase any incriminating act has been committed but said to be terrorist act unless the pamphlet which is being said to be written in the hand written of the appellant will be found to be in the hand script of the appellant.
Mr. A.K. Das, learned Counsel for N.I.A. has submitted that it is correct that the day when supplementary charge-sheet was submitted there was no report from the expert regarding the finding of the script of the pamphlet as to who is the author.
However, he has sought 10 days' time in order to seek instruction in this regard.
Considering the same, let an affidavit be filed to that effect on or before the next date of hearing.
Accordingly, list this matter on 26.04.2023.
(Sujit Narayan Prasad, J.) (Subhash Chand, J.) P.K.S.