JASUBHA SAJUBHA ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has to be allowed in view of our judgment in criminal appeal arising out of Special Leave Petition (Cri. ) No. 1735 of 1995 delivered today and for the reasons given in that judgment.

(3.) As the allegation against the appellant in this case is harbouring of one anirudhsingh Mahipatsingh, against whom the allegation is of conspiracy to cause the death of Jayantilal Vadodaria, relating to murder of whom the two appellants in the aforesaid appeal were arrested, inter alia, under TADA, no offence under Section 3 (4 of TADA can be said to have been committed by the appellant, as we have not upheld invocation of this Act for causing murder of Jayantilal. As to the offence under Section 212 Indian Penal Code it may be stated that the same is bailable.