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Showing contexts for: L.K..ADVANI in Mohammed Ali Khan vs State Of Karnataka on 30 March, 2022Matching Fragments
7. It is further contended that the said terrorist organisation caused serial explosions in Sri L.K.Advani's rally in 1998, at Coimbatore and the applicant/accused was the prime accused in the said case for supplying the explosives and he has undergone life imprisonment for the same. The applicant is a habitual offender and has been involved in nine different crimes, as mentioned in detail in the objections. In Coimbatore bomb blast explosion case, more than 58 persons died and after serving the sentence, the applicant has once again indulged in anti-national, seditious terrorist activities. Even in 1998 Kerala Train Blast case, this accused was the prime accused and he was involved in almost all bomb blast cases carried out by 'Al-Umma' terrorist organization, etc.
c) Dictum of the Hon'ble Supreme Court in the case of Rangku Dutta @ Ranjan Kumar Dutta Vs. State of Assam made in Crl.A.No.2307/2009, to the effect that in absence of any approval or sanction, rejection of the bail application by the trial Court cannot be sustained.
16. Per contra, Sri V.S.Hegde, learned Additional SPP-II for respondent-State, while justifying the order passed by the trial Court contended that the very appeal filed by the accused is not maintainable and the same is liable to be dismissed. He further contended that this is the third successive application filed for grant of bail. Earlier, he had filed two bail applications which had been rejected by the trial Court. He further contended that the present bail application is filed on the ground that charges have been framed, but the same is not a changed circumstance and cannot be raised at this stage. He further contended that the trial Court took cognizance as long back i.e. on 24.02.2013 and he has not challenged the same. Now, he cannot raise all the questions with regard to sanction, though the State Government accorded the sanction on 05.05.2014 which is the time stipulated. He further contended that the appellant is also called as Khan Kutti and he is a founder member of the banned terrorist organization, i.e. Al- Umma. The said terrorist organisation caused serial explosions at Sri L.K.Advani's rally in 1998 in Coimbatore and he was involved in more than 9 cases. He further contended that there was material against the present accused. The trial court, considering the entire material on record, has rightly rejected the bail application. Therefore, he sought to reject the application.
27. Considering the entire materials on record, it clearly depicts that as can be seen from the charge sheet dated 09.11.2016, the present appellant was an active worker of 'Al-Umma' which is an association involved in unlawful activities and he is also said to have suffered conviction and imprisonment for 10 years, pertaining to the Coimbatore bomb blast case. The appellant was also involved in the case of attempt to murder of Sri L.K.Advani to take revenge for killing of one Imam Ali of 'Al-Umma' organisation in an encounter by Karnataka Police, in the months of October and April, 2012 under the leadership of accused No.3. The material on records also depicts that after the arrest of the present accused, his detailed voluntary statement was recorded on 20.08.2016 and produced before the committal Court on 16.08.2016. A perusal of the order sheet of the committal Court reveals that the accused has not stated before the committal Court that his name is Mohammad Ali Khan and not Ali Khan Kutty as mentioned in the records. Further, it is depicted that a Mahazar dated 16.08.2016 was conducted when the accused was in the Police custody and a mobile phone was recovered, which is reported in PF.No.16/2016 dated 16.08.2016. It is further revealed that the accused along with accused No.3 and others, taken part in the conspiracy that took place for causing explosion at BJP Office, Malleshwaram, Benglauru and so also associated with transporting explosives and handing over the same to accused No.9.