Full Judgment Text
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PETITIONER:
JASUBHA SAJUBHA ZALA
Vs.
RESPONDENT:
THE STATE OF GUJARAT
DATE OF JUDGMENT11/08/1995
BENCH:
HANSARIA B.L. (J)
BENCH:
HANSARIA B.L. (J)
AHMADI A.M. (CJ)
SEN, S.C. (J)
CITATION:
1995 SCC (5) 309 1995 SCALE (4)721
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
HANSARIA, J.
Leave granted.
2. This appeal has to be allowed in view of our Judgment in
Criminal Appeal arising out of SLP (Crl.) No. 1735 of 1995
delivered today and for the reasons given in that judgment.
3. As the allegation against the appellant in this case is
harbouring of one Anirudhsingh Mahipatsingh, against whom
the allegation is of conspiracy to cause the death of
Jayantilal Vadodaria, relating to murder of whom the two
appellants in the aforesaid appeal were arrested, inter
alia, under TADA, no offence under Section 3(4) of TADA can
be said to have been committed by the appellant, as we have
not upheld invocation of this Act for causing murder of
Jayantilal. As to the offence under Section 212 I.P.C. it
may be stated that the same is bailable.
4. In view of the above, the appeal is allowed by ordering
release of the appellant on bail, which shall be on the same
terms as mentioned in the Judgment mentioned above.