STATE OF MAHARASHTRA Vs. ANAND CHINTAMAN DIGHE

JUDGEMENT

(1.) By the impugned order dated the 18th May, 1989 the Designated Court, Pune, directed the respondent to be released on bail. The respondent was accused of having committed offence under Section 3(1) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as 'the Act) besides the offences punishable under Sections 148, 149, 120-B and 302 of the Indian Penal Code.

(2.) The respondent was the member of the Shiv Sena Party and the Chief of the Thane District Unit. In consequence of the defeat of the party in Mayoral election held on 20th March, 1989 the party felt that the there was cross-voting and there were traitors among them. There had been a declaration by the respondent that such traitors would not be spared. The respondent was arrested in connection with the murder of one of the Corporators Shridhar Khopkar on 21-4-1989 on registering Crime No. 1348/89.

(3.) In releasing the respondent on bail while investigation was pending, the Designated Court appears to have been influenced by the fact that respondent was the leader of Political Party. The court assumed that as a leader, he would not be involved in such crimes and that there are reasonable grounds for believing that the respondent is not guilty of any offence under the Act.