STATE OF MAHARASHTRA Vs. GIRISH JETHALAL CHEDDHA

JUDGEMENT

(1.) The orders made by the Principal Judge, City Civil and Sessions Judge, Greater Bombay, on 12-9-1986 granting bail to the Respondents are challenged in two separate proceedings. In Criminal Application No. 1536 of 1986 the Orders are challenged by the State of Maharashtra, while Pupsi Bhimshi Cheddha challenges the same in Criminal Revision Application No. 360 of 1986 seeking cancellation of bail granted.

(2.) It may be at the outset mentioned that the impugned orders are not speaking orders though they reject the bail sought for by one Jethalal Cheddha, at the same time grant bail to Respondents Nos. 1 to 5. I have made reference to these orders as being non-speaking because that bas become the bone of contention in these two petitions besides the others.

(3.) To understand the controversy involved in the present petitions, it may be mentioned that the Officer In-charge of the Gamdevi Police Station is investigating into a case where admittedly a murder has taken place and three persons are seriously injured and that event took place on 21-8- 1986 at Narendra Bhavan, Bhulabhai Desai Road, Bombay 400 026. The person who died is Chunilal Bhimshi Cheddba and the other persons seriously injured are Pupsi Bhimshi Cheddha, who is the Petitioner in Criminal Revision Application No. 360 of 1986, Bhimshi Cheddha and Meghji Kheraj. The investigation unfolds that Jethalal Mulji Cheddha, the father of Respondents Nos. 1 and 2 (Respondents referred to herein are serially shown in Criminal Application No 1536 of 1986), owns a shop at garage No. 2 in the aforementioned Narendra Bhavan; that he was interested in the purchase of the adjoining garage No. 3. However, the said garage was purchased by M/s. Mahavir Corporation, a partnership firm, of which Pupsi Bhimshi Cheddha is a partner along with three others. lhis purchase was, however not liked to by aforementioned Jethalal Mulji Cheddha and his sons and when this garage was sought to be cleaned on 21-8-1986, the assault was made and that is how one person was killed and three others were seriously injured. Assistant Police Sub-Inspector Kamble of the Mobile Van was altered and at his intervention, Chunilal Bhimshi Cheddha was taken to the Nair Hospital; on the way to the Hospital, deceased Chunilal is supposed to have disclosed to Kamble who were the assailants and on the basis of his dying declaration, C.R. No. 662 of 1986 was registered at the Gamdevi Police Station for the offences under Sections 302, 134, 144, 148,307, 452 read with Section 149 of the Indian Penal Code.