9911796707
TMI Blog1990 (1) TMI 329X X X X Extracts X X X X X X X X Extracts X X X X ..... r Sections 148, 149, 120-B and 302 of the Indian Penal Code. 2. The respondent was the member of the Shiv Sena Party and the Chief of the Thane District Unit. In consequence of the defeat of the party in Mayoral election held on 20th March, 1989 the party felt that there was cross-voting and there were traitors among them. There had been a declaration by the respondent that such traitors would not be spared. The respondent was arrested in connection with the murder of one of the Corporators Shridhar Khopkar on 21.4.1989 on registering Crime No. 1348/89. 3. In releasing the respondent on bail while investigation was pending, the Designated Court appears to have been influenced by the fact that respondent was the leader of Political Party. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Sections 437 and 438 of the CrPC, the powers of the Sessions Judge are not unfettered. The salient principles in granting bail in grave crimes have not been taken note of. 6. This Court would not ordinarily interfere with the discretion of the lower court in granting or refusing bail but in cases where bail has been granted on irrelevant considerations, such as the status or influence of the person accused and regardless of the nature of the accusation and relevancy of materials on record, this Court would not hesitate to interfere for the ends of justice. 7. There are no hard and fast rules regarding grant or refusal of bail, each case has to be considered on its own merits. The matter always calls for judicious exercise of discretio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peared in an interview given to the reporter of the Weekly Magazine 'Lokprabha' in its issue of 9.4.1989. In an interview in daily 'Urdu Times' dated 16.4.1989 the respondent asserted that he knew the names of the traitors but could not disclose the same. He also asserted that the punishment for traitors is death and they would be killed and this decision has not been taken by him in anger. 9. In the backdrop of such assertions, it was necessary for the Court to consider the further materials collected by the investigating agency by recording statements of witnesses. The court below misdirected itself in refusing to look into such statements and concluding that it is a case for granting bail taking into account only the pos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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