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PETITIONER: JASUBHA SAJUBHA ZALA

       Vs.

RESPONDENT: THE STATE OF GUJARAT

DATE OF JUDGMENT11/08/1995

BENCH: HANSARIA B.L. (J) BENCH: HANSARIA B.L. (J) AHMADI A.M. (CJ) SEN, S.C. (J)

CITATION:  1995 SCC  (5) 309        1995 SCALE  (4)721

ACT:

HEADNOTE:

JUDGMENT:                       J U D G M E N T HANSARIA, J.      Leave granted. 2. This  appeal has to be allowed in view of our Judgment in Criminal Appeal  arising out  of SLP (Crl.) No. 1735 of 1995 delivered today and for the reasons given in that judgment. 3. As  the allegation  against the appellant in this case is harbouring of  one Anirudhsingh  Mahipatsingh, against  whom the allegation  is of  conspiracy  to  cause  the  death  of Jayantilal Vadodaria,  relating to  murder of  whom the  two appellants in  the aforesaid  appeal  were  arrested,  inter alia, under  TADA, no offence under Section 3(4) of TADA can be said  to have been committed by the appellant, as we have not upheld  invocation of  this Act  for causing  murder  of Jayantilal. As  to the  offence under  Section 212 I.P.C. it may be stated that the same is bailable. 4. In  view of  the above, the appeal is allowed by ordering release of the appellant on bail, which shall be on the same terms as mentioned in the Judgment mentioned above.