STATE OF MAHARASHTRA Vs. RAMESH TAURANI

JUDGEMENT

(1.) Leave granted. Heard the learned counsel for the parties.

(2.) On August 12, 1997 at or about 10.15 a.m. Gulshan Kumar, a well-known film producer of Mumbai and Chairman of a company dealing in cassettes, was fatally shot at in the heart of the city. Over his death a case was registered and in connection therewith the respondent, who also carries on a large scale business in cassettes, was arrested on October 4, 1997 on the allegation that he was a party to the criminal conspiracy that was hatched up to kill Gulshan Kumar through contract killers. On his production before a Magistrate, the respondent was initially remanded to the police custody for a fortnight and thereafter to the judicial custody. His prayer for bail was rejected by the Magistrate and aggrieved thereby he moved the High Court. By its order dated October 23, 1997 the High Court granted him bail on condition that he shall not leave the limits of the State of Maharashtra without informing the police and without giving the entire itinerary of the programme of his visit. Assailing the above order, the State of Maharashtra has filed this appeal for cancellation of the bail granted to the respondent.

(3.) Normally, this Court does not interfere with orders granting bail but considering the nature and gravity of the offence alleged against the respondent and the materials collected against him during investigation, we are of the opinion that this is a fit case where the order of the High Court has got to be set aside to prevent mis carriage of justice.