M. K. Mukherjee, J. - (1.) Leave granted in both the petitions.
(2.) Suresh Budharmal Kalani alias Pappu Kalani and Dr. Aken Kumar Gajendra Rai Desai, the appellants in these two appeals, figure as accused (besides others) in TADA Special Case No. 31 of 1993, pending before the Designated Court, Brihan Mumbai constituted under The Terrorists and Disruptive Activities (Prevention) Act, 1987 (TADA for short). The case arises out of an incident of rioting, murder and other cognate offences that took place on September 12, 1992 at J. J. Hospital, Bombay. According to the prosecution case, on that day at or about 3.45 p.m. a group of persons armed with automatic fire-arms, such as pistols, AK 47 assault rifles, stormed into Ward No. 18 of the hospital and opened fire upon Shailesh Haldankar, who was an accused in Crime No. 452/92 of V. P. Road Police Station and admitted there due to injuries earlier sustained. The indiscriminate firing by the miscreants resulted in the death of Haldankar and two policemen on guard duty and injuries to five others. Shri K. G. Thakur, Sub-Inspector of Police attached to V. P. Road Police Station, who was then on duty at the hospital returned the fire causing injuries to some of the miscreants including one Shrikant Rai alias Pradhan. The miscreants, however, managed to escape carrying with them the injured associates in a car. It is the further prosecution case that the incident was the outcome of a conspiracy hatched by Dawood Ibrahim, a notorious gangster, and his men to avenge the murder of his brother-in-law, Ibrahim Ismail Parkar, who was eliminated by the members of his rival gang led by Arun Gowli of which Haldankar was a member.
(3.) Over the incident, a case was registered on a report lodged by Shri Thakur and on completion of investigation, charge-sheet was submitted by the police after obtaining requisite sanction under Section 20-A(2) of TADA to prosecute the appellants and others. On that charge-sheet cognizance was taken by the Designated Court; and on consideration of the documents referred to under Section 173(2), Cr.P.C. and, after hearing the parties, it passed orders for framing charges under Section 3(3) of TADA and S. 120-B, I.P.C. against Kalani and under Section 3(4) of TADA and S. 212, I.P.C. against Dr. Desai. Assailing the above orders, the appellants have filed these appeals.;