Document Fragment View

Matching Fragments

6. During further investigation, it revealed that the appellant, in conspiracy with other accused persons, hacked the wireless fidelity („wifi‟) installed at M/s Kamran Power Control Pvt. Ltd. At 201/202, Etic House, 16th Road, Chembur, Mumbai-400071 to send e-mail dated 13.09.2008 on the day of serial blasts. The Mumbai Police arrested appellant and recovered laptop, Wi-Fi hot spot finder, R.F (Radio Frequency) signal detector, one hard disc make seagate, one spy hidden camera locator and a Reliance net connector, from his possession, which were used in sending the e-mails in question. Also, out of the two recovered laptops from co-accused, one laptop was purchased by appellant herein.

18. Further submitted that the role attributed to the appellant is of hatching a conspiracy alongwith other co-accused for the serial bomb blasts. The appellant is a member of „Media Group‟ of the terror outfit „Indian Mujahideen‟. During the investigation of the case, co-accused Mohd Saif, Zeshan Ahmed, Mohd Shakeel @ Shakeel, Zia-ur-Rehman and Saquib Nisar have disclosed about the media cell, which was responsible for sending e-mail claiming responsibility of blasts. At the time of his arrest, a laptop, Wi-Fi hot spot finder, R.F. (Radio Frequency) signal detector, one hard disc make SEAGATE, one spy hidden camera locator and a reliance net connector were recovered from his possession. Out of the two laptops recovered from the co-accused-Mubin Kadar Shaikh, one was purchased by the appellant herein.

CRL.A. 947/2023 Page 7 of 18 Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Date:29.04.2024 16:43

24. The allegations against the appellant is that he was leading the "MEDIA GROUP" of banned terror outfit „Indian Mujahideen‟ and with the help of his associates, he had sent the email to Electronic and Print media claiming responsibilities of Delhi serial bomb blasts dated 13.09.2008. On 28.09.2008, Mumbai Police arrested the appellant and one laptop, Wi-Fi hot spot finder, R.F (Radio Frequency) signal detector, one hard disc make SEAGATE, one spy hidden camera locator and a reliance net connector were recovered from him. On 09.03.2009, the appellant was arrested by the Special Cell with the allegations of conspiring and hatching a conspiracy for the serial blasts which took place on 13.09.2008. Since then the appellant is in custody.

27. The appellant had filed first bail application on 15.11.2014, which was dismissed by the learned Trial Court vide order dated 23.04.2015 holding that the material on record discloses prima facie case against him and the gravity of charge and severity of punishment in event of conviction, no case for grant of bail was made out.

28. Thereafter, appellant filed second bail application before the learned Trial Court. The learned trial Court while dismissing appellant‟s bail application vide order dated 08.04.2022 took note of the fact that the charge of the conspiracy are invoked against the appellant and so, his role cannot be viewed in isolation since the material witnesses are yet to be examined. Further observed that prosecution witness PW-226, in his testimony has proved recovery of laptops, hard discs, wifi hot spot finder, RF signal detector, net connector, spy finder camera etc. were recovered at the instance of co-accused Mansoor Peerbhoy. Further, ACP Tukaram Duraphe (PW-226) has testified the CA reports which reveal that both the e-mails were sent through the laptops recovered from the Mubin Kadar Sheikh and Mansoor Asghar Peerbhoy and he had found a secure file erasing and disk wiping software present in one of the recovered laptops. Also, another witness (PW-207) in his evidence has stated that upon forensic analysis of the recovered laptops, three PDF files were found which matched with the reference documents given with the case file i.e. the e-mails claiming responsibility of the blasts. The analysis also revealed about the date of over writing / wiping activity on 13.09.2008 at about 06:48 PM soon after the serial bomb blast. The learned Trial Court also took note of the testimony of PW 231 who stated that appellant with co-accused Mubin Kadar Sheikh had purchased the laptops in question in July, 2008.