DILIP SHANKAR KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a second application for bail by original accused Nos. 1, 2, and 4 to 7 viz., Dilip Shankar Koli, Vishnu Haram Rajkumar, Bhaskar Krishna Uparkar, Hirakant Shankar Koli, Anthony Pascal Koli and Hareshwar Gotya Shankar. Earlier, these very accused persons along with one Ashok Balkrishna Vaiti (accused No. 8) had moved this Court for a similar relief of being released on bail. The said proceeding was numbered as Criminal Application No. 532 of 1980. By its detailed order dated April 24, 1980, this Court rejected the application for bail by the aforesaid accused Nos. 1, 2 and 4 to 7. This Court, however, granted bail to the aforesaid original accused No. 8 Ashok Balkrishna Vaiti on certain terms and conditions. This order of April 24, 1980, refusing to grant bail to the present accused persons was challenged by them before the Supreme Court in Special Leave Petition (Criminal) No. 1892 of 1980. Upon hearing counsel, the Supreme Court passed the following order on the said petition : "The petitioners seek leave to withdraw the petition for special leave to appeal. Nothing stands in the way of their applying again if fresh conditions arise."

(2.) As indicated, the petitioners have now moved this Court by way of the present second application. In support of the application, I have heard Mr. Ram Jethmalani, the learned counsel for the petitioners. The State is represented by the learned Public Prosecution, Mr. S. S. Parkar.

(3.) Contention of Mr. Jethmalani, the learned counsel, is that four fresh conditions have arisen after the Supreme Court's aforesaid order and in view of these four fresh conditions, the present accused persons are entitled to bail. The said four conditions as enumerated by the learned counsel are as follows :-