Maharashtra Vs. Anand Chintaman Dighe  INSC
127 (2 May 1991)
Beevi, M. (J) Fathima Beevi, M. (J) Ahmadi, A.M. (J)
1990 AIR 625 1990 SCR (1) 73 1990 SCC (1) 397 JT 1990 (1) 28 1990 SCALE (1)25
terrorists and Disruptive Activities (Prevention) Act, 1987: Sections 3 and
4-Bail-Grant of-By the Designated Court-Validity of-Appreciation of evidence
collected at the investigating stage, fore-closing the trial-Whether proper.
respondent was arrested by the police in connection with the murder of a Corporator,
under Sections 147, 148, 149, 302 read with 120-B of the Indian Penal Code and
Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act,
1987. The prosecution alleged that the respondent conspired and hatched the
plot to murder the deceased. This was based on the respondent's repeated
statement to the Press, which were also published in the local
newspaper/magazine and interview given to another paper, dubbing those party Corporators
who had voted against the respondent's party candidates for the offices of the
Mayor and Deputy Mayor of the local civil body, resulting in their defeat as
traitors and threatening them with death.
The Designated Court, released the respondent on bail,
but this Court cancelled the bail. Thereafter, the respondent moved another
application for bail before the Designated Court, which granted bail on the
view that from the newspaper reports it could not be assumed or inferred that
the respondent was in any manner involved in the conspiracy, that there was no
justification to record the First Information Report, that the statements of
witnesses recorded by the investigating officer, could not be relied upon.
the appeal preferred by the State, this Court
1.1 The police investigation prima facie shows that mafia-type terror and fear
psychosis was created which led to the cold-blooded murder of the deceased. The
Judge, Designated Court acted illegally in appreciating the
statements of witnesses and material collected by the investigating officer at
the investigation stage. He should have dealt with the same in accordance with
The Judge virtually pre-empted the trial by delivering the judgment on the
culpability of respondent.
Judge grossly erred in 620 fore-closing the trial by pre-judging the evidence
which was yet to come on record. No doubt, while cancelling the bail order,
this Court observed that the cancellation of bail was without pre-judice to the
rights of the respondent to move the Designated-Court for bail at any
subsequent stage, but that was only in the event of any further evidence being
recorded by the court or any fresh material being made available during the
investigation or before the court.
Court also directed that it was necessary for the Designated-Court also
directed that it was necessary for the Designated-Court to consider further
material collected by the investigating agency, by recording statements of
witnesses. The Designated-Court did not record any evidence and there was no
fresh material available before the Court.
Judge, Designated-Court, by putting his own gloss over the same material has
again granted bail to the respondent.
manner in which the Judge has dealt with the matter cannot be appreciated.[623D-E]
The bail granted to the respondent is accordingly cancelled. [623G]
APPELLATE JURIDICTION: Criminal Appeal No. 336 of 1991.
the Judgment and Order dated 8.2.1990 of the Designated Court, Pune in Crl. Misc. Application No.5 of 1990.
V.N. Patil and A.S. Bhasme for the Appellant.
Jain, P.M. Hedge, Satish Samant and Kailash Vasdev for the Respondent.
of the Court was delivered by KULDIPSINGH,J. Special Leave granted Sridhar Khopkar
a Shiv Sena Corporator in the Municipal Corporation Thane was murdered on April 21, 1989. The First Information Report was
lodged at Waghle Police Station Thane on the same date. Anand Chintaman Dighe,
the respondent before us, was arrested by the police in connection with the
said case on charges under sections 147, 148, 149, 302 read with 120-B of the
Indian Penal Code and Sections 3 and 4 of the Terrorist and Disruptive
Activities (Prevention) Act, 1987. The allegations against Dighe are that he
conspired and hatched the plot to murder Sridhar Khopkar.
prosecution case is that election to the office of Mayor and Deputy Mayor,
Municipal Corporation Thane, was held on March 20, 1989. The Sena party, majority in the
Corporation, was expecting 621 to win the election. The party was, however,
defeat was imputed to the cross-voting on the part of one or two members of the
Shiv Sena. The said cross voting had angered the Shiv Sena leaders. The
cross-voters were dubbed as traitors. It is alleged that Dighe had issued
repeated statements to the press saying that the traitors' life would be made
difficult and probably they would be killed. These statements were published in
Marathi Daily "Navakal" dated march 22, 1989 and were repeated in a
weekly magazine "Lokprabha" on April 9, 1989. Again in an interview to Daily
"Urdu Times" dated April 16, 1989
the respondent Dighe had asserted that he knew the names of the traitors but
could not disclose the same. He had also asserted in the said statement that
the punishment of traitors was death and it would be difficult for them to servive.
learned Judge, Designated court, Pune, by his order date April 18, 1989 released Dighe on bail. This Court
by an order dated January
16, 1990 cancelled the
bail with the following observations:
the present case the learned Judge observed that it is a case of respectable
person of a big political organisation, his freedom cannot be curtailed if he
is entitled to bail. His liberty cannot be curbed if enlarged on bail and,
therefore, no kind of condition is required to be imposed. The Court also
observed that being a leader of the big political organisation one cannot
expect that the respondent will commit any offence if enlarged on bail and he
cannot be called to be a criminal. The learned Judge was obsessed by the fact
that the respondent was associated with a political party and was oblivious of
the nature of the allegations made against him and the relevant materials
indicating that the respondent had been making utterances incting violence. The
respondent gave repeated statements to the Press saying that the traitors' life
will be made difficult and probably they will be killed. This was published in Maarathi
Daily 'Navakal' on 22.3.89. He repeated his threat and this appeared 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' dated16.4.1989 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- 622 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 position held by the respondent in the party. The court
clearly erred in disposing of the application for bail." Thereafter Dighe
moved an application before the Designated Court on January
23, 1990 for grant of
time to surrender. Dighe surrendered on February 5, 1990 and on the same day he moved an
application for bail before the said Court. The application was heard on February 8, 1990 and the orders were pronounced on February 9, 1990 releasing Dighe on bail. It is the
said order which has been challenged before us in the appeal.
learned Judge, Designated-Court after lengthy discussion came to the conclusion
that from the newspaper reports it could not be assumed or inferred that Dighe
was in any manner involved in the conspiracy. The learned Judge observed as
such statement to the press, it cannot be assumed, or no inference can be drawn
as such that Shri Anand Dighe was the person who was trying to kill the
traitor." "Mere statement does not amount to any kind of conspiracy.
So, this cannot be the evidence of their agreement or meeting two minds to
commit any kind of offence." "I cannot take these newspaper cutting
learned Judge further discussed the First information Report and came to the
findings that there was no justification to record the same. The observations
of the learnd Judge are as under:
only thing that had happened on that day, was the murder of Shri Shridhar Khopkar.
He could very well register the offence that such a murder had taken place. He
could not register the offence under Section 3 and 4 of the Terroist and
Disruptive (Prevention) Act, 1987- 623 because he was not possessed of any kind
of substantial material to register this offence. So, in short, this F.I.R. is
of no use to the prosecution, at least for the purpose this offence under
Section 3 and 4 of the Act, ibid." The learned Judge further discussed the
statements of witnesses recorded by the investigating officer. The Judge
scrutinized the statements of Arun Jagtap, Smt. Sangita Khopkar and Miss Sujata
Khopkar and treating those statements to be evidence before the Court, came to
the conclusion that the statements could not be relied upon.
learned Judge virtually pre-empted the trial by delivering the judgment on the
culpability of respondent Dighe. We are of the view that the Learned Judge
grossly erred in fore-closing the trial by pre-judging the evidence which was
yet to come on record.
no doubt correct that this court in its order dated January 16, 1990 observed
that the cancellation of bail was without prejudice to the rights of Dighe to
move the Designate-Court for bail at any subsequent stage, but that was only n
the event of any further evidence being recorded by the Court or any fresh
material being made available during the investigation or before the court.
Court also directed that it was necessary for the Designated-Court to consider
further material collected by the investigating agency, by recording statements
of witnesses. The Designated-Court did not record any evidence and there was no
fresh material available before the Court.
learned Judge Designated-Court by putting his own gloss over the same material
has again granted bail to the respondent. We do not appreciate the manner in
which the learned Judge has dealt with the matter. The police investigation
prima facie shows that mafia-type terror and fear psychosis was created which
led to the cold-blooded murder of Shridhar Khopkar. The learned Judge acted
illegally in appreciating the statements of witnesses and material collected by
the investigating officer at the investigation stage. He should have permitted
the evidence to be recorded and thereafter dealt with the same in accordance
therefore, allow the appeal, set aside the order of the Designated-Court and
cancel the bail granted to Dighe.
directed to surrender himself to custody immediately.
case he does not so surrender within ten days from today, the Designated-court
shall issue non-bailable warrant for his apprehension.