(1.) THE Applicant is the accused No.4 in Special Case No.26 of 1987 on the file of Special Judge. Session Judge Court, Bombay in Special Case No.26 of 1992. He was implicated along with other five accused for the offence punishable under Section 109, 120-B, 465, 468, 471, 477-A, 420 of I. P. C. r. w. 5 (1) (d) and 5 (2) of the Prevention of Corruption Act, 1947.
(2.) AT the relevant time, accused No.1 was City Survey Officer No. III, Santacruz, Accused No.2 was the Shirestedar working under said City survey Officer. Accused No.3 was maintenance Surveyor working under the said City survey Officer. Accused No.4 son of late Lawrence Miranda who was the owner of the property. Accused No.5 was the builder and Accused No.6 was the Architect.
(3.) IN the result, application is allowed. Rule is made absolute in terms of prayer clause (a) as far as petitioner is concerned. The trial court is free to proceed against the other accused. INterim stay granted by this court stands vacated. Since the petitioner is discharged, bail executed on behalf of the petitioner is discharged. Application allowed. .