JUDGEMENT
G.R. Luthra, J. -
(1.)The present petition is for grant of anticipatory bail. The accusation against the petitioner is that he had offence punishable under Sections 307/201/114 Indian Penal Code and Sections 3/25/27 of the Arms Act at a place within the jurisdiction of police station Santa Cruz, Bombay (Maharashtra) The Crime Report is CR 328/85 and the investigation is being done by Detection of Crime Branch, Bombay, CID-Bombay Unit VI.
(2.)The occurrence, according to the prosecution, took place on 12th April 1985 near Hotel Sands Juhu, Santa Cruz, Bombay-49- But the report was, however, recorded on 29th August 1985 at 4 p.m.
(3.)Briefly speaking the case of the prosecution is as follows. On 12th April 1985 at 8 a.m. the petitioner accompanied by a lady came to hire a taxi. He engaged Taxi of one Dewan Singh, on whose report the first information report was recorded. Then the petitioner told Dewan Singh that he should wait for some time because another person was to join them. Thereafter Jagdish, another accused, came up. He had already engaged a taxi. Jagdish told the petitioner and the lady that they could sit in the taxi. engaged by him and could go. Dewan Singh however told the petitioner that either Rs. 3.50 which was the minimum fare should be paid to him and his taxi should be let off or if he wanted to engage his taxi Rs. 3.50 should be paid to the taxi driver engaged by Jagdish. On this Jagdish became enraged and started abusing. The petitioner, who happens to be a wrestler, threw Dewan Singh on the ground. Then Jagdish took out a revolver from the right side pocket of his pant and fired one round on Dewan Singh. The other taxi drivers who happened to be assembled there started running away. The petitioner snatched the revolver from the hands of Jagdish and fired on round in the direction of the drivers who were running away. Thereafter Jagdish got into the taxi engaged by him and went away. The petitioner also went away from the place of occurrence with the revolver. The lady was however left at the spot. The taxi drivers surrounded her. The matter was reported to the police. SI Surve came at the spot. He took the lady as well as some drivers to the police station. The petitioner was also brought to the police station. The matter was hushed up by way of giving Rs. 70.00 to each of the drivers of the taxis who had come to the police station.
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