STATE OF MAHARASHTRA Vs. RAMNARAYAN LATAPRASAD NAMDEO

JUDGEMENT

(1.) HEARD Mrs. Pai. learned A. P. P. , for the Applicant-State of Maharashtra; Mr. Shirish Gupte, learned Additional Solicitor General, for the Central Industrial security Force (C. I. S. F.) and Mr. Memon, for the Respondent. Rule. Taken up for final hearing forthwith.

(2.) THIS is an application preferred by the State of Maharashtra for invoking the inherent powers of this Court under ss. 482 and 483 of the Code of Criminal Procedure, so as to quash and set aside the order dated 6. 10. 2003 passed by the learned Additional Sessions Judge releasing the accused - Respondent on regular bail; and also under s. 439 (2) of the Cr. P. C. for cancellation of the said bail order passed in Bail Application No. 1052 of 2003.

(3.) THE accused was on duty on 24. 5. 2003 at Security Hold No. 19 of the sahar International Airport (Chatrapati Shivaji International Airport) as a C. I. S. F. Constable without arm, on the mezzanine floor, while another Constable by name, Ganpat Govind Kagilkar was on similar duty at the apron finger No. 54 of the ground floor and he had a self-loaded rifle (S. L. R.) in his possession with 40 rounds. It is alleged that the accused went to Mr. Ganpat Kagilkar to apron finger No. 54 and told him that he was called upon by the Duty Commandant officer at Reserve Inspector Office. In keeping with the rules of C. I. S. F. , Mr. Kagilkar handed over his S. L. R. with 40 rounds to the accused and made an entry in the Beat Book Register for the same and, after obtaining the signature of the accused, he left for the reserve inspector office. Thereafter, the accused armed with the S. L. R. and 40 rounds went to the mezzanine floor, i. e. Security hold No. 19 where he was on duty and while Deputy Commandant A. K. Karanjikar was briefing his subordinates at that place, opened fire. In the first round, Mr. T. J. Verghese, Inspector of C. I. S. F. , narrowly escaped. He opened another 7 rounds targeting Mr. Karanjikar and three of them allegedly hit him, as a result of which he died before being admitted to the hospital. Three more bullets were fired by him injuring some other persons and causing damage to the screening machines. The accused thereafter allegedly held in hostage six employees of C. I. S. F. , five of them being lady constables on duty, and they were kept in hostage from about 6. 15 p. m. to 00. 40 hrs. , i. e. , for about six hours. The hostages were released only after the intervention of the Minister of State for Home and with the assistance of Mr. Bipin Bihari, Deputy Commissioner of police.