Bombay High Court · 2025-07-21
EHTESHAM QUTUBUDDIN SIDDIQUE vs THE STATE OF MAHARASHTRA
- Citation / case number
- APEAL/557/2021
- Court
- Bombay High Court
- Petitioner
- EHTESHAM QUTUBUDDIN SIDDIQUE
- Respondent
- THE STATE OF MAHARASHTRA
Judgment text excerpt
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