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The Court observed that even though weapons are recovered from one of the accused, it is not the prosecution’s case that those weapons were used for any terrorist activity and/or toppling the Government.
“The essential requirement to constitute an offence under the Arms Act is the existence of mens rea, i.e., knowledge of such possession or control over the firearm or ammunition, even in the absence of actual physical possession.”
“Bail or jail belongs to the blurred area of criminal justice system which largely hinges on the hunch of the Bench, otherwise called judicial discretion. The Court should take cognizance of the fact that the liberty of an individual whose involvement has not been established in the commission of an offence, should not be lightly dealt with. Incarceration creates a concavity in the personality of an individual.”
“The trial Court somewhere missed to take note as to what happened to the little baby who said to have sustained burn injuries on the back. If accused was the author of the crime and was present on the spot, then why did he not make effort to evacuate his 2.5 years old son from the raging flames.”
“The Court said that even though the petitioner’s conduct in jail was ‘unsatisfactory’, he had already been punished for the offences committed in the prison and had already atoned for them.”
“This indicates that the judgements which have been passed by the highest court of state under Article 226 of the Constitution of India and are binding on all the authorities in the State are being conveniently overlooked and are not being followed.”
Bombay High Court: K.K. Sonawane, J., acquitted the appellant who was convicted by the trial court for offences punishable under Sections 307 (attempt