LAWS(BOM)-1996-10-152

RAMANUJ SHIV VILAS SINGH Vs. STATE OF MAHARASHTRA

Decided On October 16, 1996
Ramanuj Shiv Vilas Singh Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) HEARD Mr. Jha for the applicant and Mr. Tulpule, PP, for the Respondent/State.

(2.) THIS application is filed for release of the applicant on bail, who is arrested on a murder charge. The dead body was found near the Santacruz Bus Depot on 11th August, 1996, in respect of which the F.I.R. came to be registered by the Vakola Police Station on 11th September, 1996, on the ground that visiting card on which the telephone number and name of the applicant was written in hand was found on the person of the deceased. The allegation is that the telephone number and name and address of the applicant was written in the hand-written of the applicant and, therefore, this applicant along with another accused whose name and address was also written on a visiting care found on the person of the deceased, were arrested on suspicion.

(3.) THIS court had passed order on 1st October, 1996, whereby the applicant was permitted to attend the function which arranged by him on Gandhi Jayanti i.e. 2nd October, 1996. The affidavit of the daughter of the applicant is filed on 8th October, 1996, alleging that the police had flouted the order of this court by not taking the applicant to the venue of the said function at the prescribed time and though the police were directed to escort the applicant in civil dress with a view not to make it appear that the applicant was coming from police custody, the police had deliberately taken the applicant at the said venue by hand-cuffing him. That conduct of the police is surely reprehensible. No reply has been filed to said affidavit, although the learned Public Prosecutor, Mr. Tulpule, tried to explain it by saying that the applicant did not arrange for the vehicle. The applicant is permitted to file separate application in that behalf, if according to him there was contravention of the order of this Court passed on 1st October, 1996. It is unfortunate that the applicant had been kept in prison for on month without any material against him and yet police treated him so harshly when he was allowed to attend function arranged by him on Gandhi Jayanti day.