1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5493 of 2009 Mohammed Vakil Abdul Hafiz Ansari ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Firoz A. Ansari for the applicant. Mrs.M.R. Tidke APP for the State. CORAM : D.G. KARNIK, J. DATED : 25th January 2010 P.C. 1. By this application, applicant seeks bail in connection with C.R. No.12 of 2009 registered at Jogeshwari police station, Mumbai for an offence punishable u/s.4(A)(B) and section 5 of the Explosives Ac 1908. 2. The prosecution case in short is that on the basis of an intelligence received, the applicant who was sitting in a hotel Cafe Garden was accosted and searched on 6th July 2009 in the presence of 2 panchas. Among other things, two country made bombs were recovered from his pant pocket. Learned counsel for the applicant submitted that the so called crude bombs recovered from the applicant were only fire crackers commonly used on festive occasions like Diwali and they were not the crude bombs as alleged by the prosecution. In view of these submissions, the State was directed to file an affidavit explaining the nature of the bombs and investigation carried out by them. Accordingly, Mr.Dattatraya Tukaram Darade, Police Inspector, attached to Jogeshwari police station filed an affidavit dated 11th January 2010 and has also produced copies of the relevant documents. 3. The documents show that the crude bombs were first shown to a sniffer dog who signalled the presence of explosives. The bombs were then examined with X-ray and explosive detectives. They also signalled the presence of explosives. By an order of the Magistrate, the bombs were defused and were sent for examination to the Directorate of Forensic Science Laboratory. A copy of the report issued by Mr.S.S. Prabhavale, Asstt. Chemical Analyser, Government Forensic Laboratory dated 5th October 2009 is also filed. The report shows not only the presence of explosives but also presence of small metallic pieces in the bombs. Prima facie the presence of metallic pieces in the bombs 3 negatives the contention that they were fire crackers ordinarily used on festive occasions. 3. Considering the gravity and nature of the offence and also considering the fact that the bombs could have been used for terrorist activity, in my view, applicant cannot be granted bail. Hence, application is rejected. 4. After this order was dictated in the open court, learned counsel for the applicant seeks leave to withdraw the application. In my view, the request comes too late in the day and after the order is pronounced. There is no reason to grant permission for withdrawal. Permission for withdrawal of the application is accordingly rejected. (D.G. KARNIK,J.)