Patna High Court - Orders
Md. Aaripha @ Aasif P.K. @ Md. Aasipha @ ... vs The State Of Bihar on 9 May, 2014
Author: Shyam Kishore Sharma
Bench: Shyam Kishore Sharma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5234 of 2014
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1. S.A. Mustaque Ahmad @ Mustaque D.M. S/O Sadhu Abdulla Resident
Of 3-14, Badagu Te Vedi, P.S. Bajpey, District Manglore.
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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with
Criminal Miscellaneous No.11659 of 2014
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1. Md. Aaripha @ Aasif P.K. @ Md. Aasipha @ Aasif Son Of Haji Abdula
Hamida Add-1-118-15, Amblamogaru, P.S. - Konaje, Dist - Manglore
(Dakshina Kannada), Karnataka
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.17588 of 2014
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Gopal Kumar Goyal son of Chhavinath Sah, R/o - village- Loharpatti
Bazar, P.S.- Lakhisarai, District- Lakhisarai
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate
Mrs. Fauzia Shakeel, Advocate
Mr. Praveen Kumar, Advocate
For the Opposite Party/s : Mr. APP
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CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA
ORAL ORDER
7 09-05-2014
Above noted applications have arisen out of one occurrence i.e. Lakhisarai (Kawaiya) P.S. Case No. 454 of 2013 as such they have been heard together and are being disposed of by this common order.
Patna High Court Cr.Misc. No.5234 of 2014 (7) dt.09-05-2014 2
The petitioners are accused of the case registered under Sections 420, 467, 468, 471, 120B of the Indian Penal Code and Sections 17, 18, 18 (b), 21, 38 and 40 of Unlawful Activities (Prevention) Act against the petitioner Gopal Kumar Goyal and 10 other persons on the basis of information received by the Station House Officer of Kawaiya Police Station. The information revealed that some cheaters and financial helpers of terrorist gang were present near the HDFC Bank ATM and they have come through two vehicles. Information further revealed that the members were using ATM in fictitious names, withdrawing money, and talking with Pakistanies. The informant and other Police personnel found one Scorpio vehicle without number plate which was surrounded. The occupants of the vehicle tried to escape but they were over-powered. They disclosed their names as Gopal Kumar Goyal the petitioner and others namely, Pawan Kumar, Vikash Kumar and Ganesh Prasad. They were having mobiles, cash, ATM cards and deposit slips. They disclosed that after death of Faizan, his gang leader was Dawood who has given account number of Aisha Banoo of Manglore and also talked with Ibrahim Maulvi Saheb and Khan. They also talked with Dawood who directed that money will come from different places and it would be deposited in the account of Aisha Banoo after deducting Patna High Court Cr.Misc. No.5234 of 2014 (7) dt.09-05-2014 3 the commission of 10 %. The accused persons confessed that they have received ATM cards from different persons at a cost of Rs. 2,000/- per month and have informed to Pakistanies. Through SMS it was informed that the money has come in that account. They deposited Rs. 1,00,000/- in the accaount of Aisha Banoo on the direction of Ibrahim and Khan Saheb. The money was deposited in the account of others. They had no knowledge about the activities of Aisha Banoo and other gang members. The CDR of mobiles of arrested persons and mobile of Dawood exhibited their talks with 39 Pakistanies and seven transactions were made in one fake account. It has been alleged that the accused persons were involved in terror funding.
On behalf of petitioner S.A. Mustaque Ahmad @ Mustaque D.M. it has been submitted that statements under Section 164 Cr.P.C. have not been recorded. There is no specific accusation against him. One co-accused Aisha Banoo was interrogated by the Police after taking remand and thereafter, search warrant was taken against the petitioner who is in custody since 27.11.2013. Further submission is that the petitioners S.A. Mustaque and Md. Aaripha @ Asif P.K. are not named in the FIR. The name of terrorist organization has not been given. On behalf of petitioner Md. Aaripha @ Asif P.K. it has been Patna High Court Cr.Misc. No.5234 of 2014 (7) dt.09-05-2014 4 submitted that the copy of seizure list was not given. No transaction was made by the petitioner who was arrested from his house without information to his own relations. No overt act has been alleged against the petitioner. There is no chance of tempering with the evidence. The petitioner is not alleged to be the active member of the terrorist organizations.
On behalf of petitioner Gopal Kumar Goyal it has been submitted that the ATM card seized from the possession of the petitioner was not investigated into, so it was wrong to rope the petitioner with the alleged seizure of ATM card or his link with any terrorist activities. It has further been submitted that the petitioner is the owner of Scorpio vehicle and had no concern with other accused.
Prayer for bail of the petitioners has been opposed by the learned counsel appearing on behalf of the State. It has been submitted that the investigation has revealed terror link of the petitioners. Hefty amount was withdrawn through several transactions and it has come that the petitioners and others were involved in terror funding at different places.
Common submission has been made on behalf of the petitioners that their remand is in violation of Section 309 (2) Patna High Court Cr.Misc. No.5234 of 2014 (7) dt.09-05-2014 5 of the Cr.P.C. because cognizance has not been taken and so entire remand is illegal. Reliance has been placed upon a judgment reported in 1999 (2) PLJR page 364 (Pawan Kumar Jaiswal Versus The State of Bihar. It has also been submitted that the petitioners have no criminal antecedent.
The case relates to terror funding. The connections of the petitioners have also been alleged with the persons living abroad. Allegation is of terror funding, considering this, I am not inclined to grant bail to the petitioners. Accordingly, their prayer for bail is rejected.
However, the trial court is directed to expedite the trial.
The petitioners are at liberty to challenge their remand through the appropriate judicial proceeding.
(Shyam Kishore Sharma, J) avin/-