ASIF KHAN BASHIR KHAN @ JUNED @ ABDULLA vs THE STATE OF MAHARASHTRA

Judgment text excerpt

Digitally signed by MANISH MANISH SURESHRAO SURESHRAO THATTE THATTE Date: 2025.07.21 11:39:15 +0530 INDEX Sr. No. Particulars Page No. 1. FACTUAL MATRIX 4 2. EYEWITNESSES 158 (i) Authority of Shri. Barve as SEO to conduct T.I. Parade 161 (ii) Taxi Drivers who took A.3 and A.13 to Churchgate Station on 166 11/07/2006 (PW-63 and PW-77) (iii) The witnesses who saw the accused planting bomb in the trains 182 (PW-57, PW-60, PW-62 and PW-74) (iv) Witness to Assembling of Bombs (PW-75) 215 (v) Witness to Conspiracy (PW-59) 223 (vi) The injured witness who saw the suspects after they deboarded 232 the train, but was not called for T.I. Parade, though with his help two sketches of suspects were prepared. Further, though he was examined, he was not asked to identify the accused in the Court (PW-85) (vii) The witnesses who saw the suspects, and gave their statements 233 u/s 161 of Cr.PC within short span of incident with detailed description but neither called for T.I. Parade nor examined as witnesses (Total 6 witnesses) 3. II. RECOVERIES 244 (1) Recovery of RDX, Granules and Detonators 252 4. III. CONFESSION A) PRIOR APPROVAL / INVOCATION OF MCOCA 285 (1) Whether Shri. Jaiswal, who granted prior approval, had 288 jurisdiction to grant prior approval to invoke MCOCA? (2) Whether relevant documents and material were available before 294 the sanctioning authority to reach a subjective satisfaction? (3) Whether the authority has applied its mind while granting prior 303 approval? (4)Whether the fact that Shri. Jaiswal did not enter into the witness 314 box, invalidate the prior approval on the ground that the same is not proved? (5) PW-174 identified the signature of Shri. Jaiswal, whether such 318 identification of the signature will be sufficient to prove the contents of prior appr