- (1.)THIS criminal application dated 25-6-1990 is filed by the Prosecution for cancellation of bail order dated 11-8-1989 passed by the learned metropolitan Magistrate, 23rd Court, Esplanade, Bombay.
(2.)FEW facts which are relevant for the purpose of disposal of this application are as under:---It is the case of the Prosecution that respondent No. 1 and respondent No. 2 entered into conspiracy along with the other accused persons for commission of murder of one Nusli Wadi. The prosecution alleged that the said conspiracy was hatched out somewhere in November 1988, between respondent No. 1 and respondent No. 2 and in pursuance of the said conspiracy one Sequeira, who was styling himself as Shakil for some time, was contracted by respondent No. 2. The plan was to intercept the car of Shri Nusli Wadi when he returns from his office to his residence at Prabhadevi and commit his murder. Sequeria was shown the photograph of Shri Wadia and according to the prosecution, the respondents also agreed to pay huge sum for commission of the said act of murder. Therefore, there were certain meetings between respondent No. 1 and respondent No. 2 with the said Sequeira and some other persons for accomplishment of the object of conspiracy. However, the object of conspiracy never materialised for some reason or the other. Somehow or the other when the police detected the said conspiracy, respondent Nos. 1 and 2 were arrested by the Bombay C. I. D. on 21st July, 1989. However, on 6th August, 1989 the investigation was taken over by the C. B. I. Against the order to taking over the said investigation by the C. B. I. some public interest litigation was filed in the nature of a writ petition dated 7-8-1989 and, therefore, the investigation was stayed because of the order of the High Court of Bombay. However, the aforesaid order passed in the said writ petition was set aside by the Supreme Court on 16-8-1989 and the matter was sent back for further investigation by the C. B. I. with the help of the Bombay C. I. D. Thereafter, both the C. B. I. as well as the Bombay C. I. D. carried on the investigation jointly and various statements were recorded during the course of investigation. During the investigation it was also revealed that one Verma, a roadside mechanic residing nearby the house of respondent No. 2, was also hired to obstruct the car of Shri Nusli Wadia. It was also further revealed that one Jagothia was also hired in pursuance of the said conspiracy to accomplish the object of the said murder.
(3.)IT was strongly contended by the learned Advocate General Shri Bobade appearing on behalf of the State that through the earlier bail order was passed on 11th August, 1989 releasing respondents Nos. 1 and 2, still because of the litigation in the High Court and Supreme Court till the month of May 1990 the papers concerning the investigation already carried on were not available to the investigating machinery. Somewhere in the month of May 1990 when the documents pertaining to the investigation carried on already were available to the investigating machinery, certain facts were revealed due to which the prosecution has filed the present application for cancellation of bail under section 439 (2) of the Code of Criminal Procedure on 25th June, 1990.