GIRISH GHANSHYAM DUBE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application under sections 439 and 482 Cr. P. C. on behalf of one Girish Ghanshyam Dube for quashing the order dated 3-5-1994 passed by the learned Additional Sessions Judge, in Sessions Case No. 409 of 1993 cancelling the applicants bail for offences under sections 395/398/342/327/171 I. P. C. read with section 34 I. P. C. and sections 3 and 25 of the Armas Act. Another prayer to in this application is that this Court be pleased to release the applicant on bail. A short recital of the relevant facts is necessary for the disposal of this application.

(2.) IT appears that initially the applicant was being run down for offencess punishable under the Terrorists and Disruptive Activities Act, popularly known as "tada" and hereinafter referred to as "tada". The designated Court having jurisdiction to try the TADA case refused bail to the applicant and on 18. 7. 1991 the Apex Court was pleased to grant bail to the applicant; the bail order being hemmed by certain stringent conditions. On 5-11-1991 the matter again came up before the designated Court which held that as offences under the TADA were not made out the case against the applicant should proceed in the regular Court. Consequently the Judge of the designated Court remanded the matter to the Court of the Metropolitan Magistrate.

(3.) IT would be relevant to point out that the designated Court at the time of sending the matter to the regular Court had given directions to the applicant to apply a fresh for bail before it after the charge sheet was filed. Consequently, the committing Magistrate after fresh surety was executed on 29-3-93, granted bail to the applicant on the conditions fixed by the Apex Court. On 8-4-93, the learned Magistrate committed the case to the Court of Sessions, Gr. . Bombay.