1997 INSC 1098
                                                State of Maharashtra

                                                           Vs

                                                   Ramesh Taurani

                                        (M. K.Mukherjee, K. T.Thomas JJ)

                                                      26.11.1997

                                                     JUDGMENT

ORDER

1.Leave granted. Heard the learned counsel for the parties.

2.On August 12, 1997 at or about 10.15 A.M. Gulshan Kumar, a well-known film produced of
Mumbai and Chairman of company dealing in cassettes, was fatally shot at in the heart of the city.
Over his death a case was registered and in connection therewith the respondent who also carried on
a large scale business in cassettes was arrested on October 4, 1997 on the allegation that he was a
party to the criminal conspiracy that was hatched up to kill Gulshan Kumar through contract killers.
On his production before a Magistrate the respondent was initially remanded to the police custody
for a fortnight and thereafter to the judicial custody. His prayer for bail was rejected by the
Magistrate and aggrieved thereby he moved the High Court. By its order dated October 23, 1997 the
High Court granted him bail on condition that he shall not leave the limits of the State of
Maharashtra without informing the police and without giving the entire itinerary of the programme
of his visit. Assaling the above order the State of Maharashtra has filed this appeal for cancellation
of the bail granted to the respondent.

3.Normally this Court does not interfere with orders granting bail but considering the nature and
gravity of the offence alleged against the respondent and the materials collected against him during
investigation we are of the opinion that this is a fit case where the order of the High Court has got to
be set aside to prevent mis-carriage of justice.

4.It appears from the impugned order that in granting bail to the respondent the High Court was
much influenced by the fact that in the remand applications that were presented by the investigating
agency in respect of accused persons who had been earlier arrested in connection with the case the
name of the respondent was nowhere disclosed as a party to the conspiracy. Remand applications are
to be filed by the Investigating Agency to satisfy the Court that there are justifiable grounds to
detain an accused already arrested in police or judicial custody. By such applications the
Investigating Agency is required to bring to the notice of the Court the materials collected against
an arrested accused to persuade the Court to remand him to custody for the purpose of further
investigation. To put it negatively the Investigating Agency is not required to state in such
application the materials if any collected against a person who is yet to be arrested. Such being the
limited purpose of a remand application the non-disclosure of the name of the respondent as a
conspirator (who was not arrested till then) in the remand applications of others arrested could not
and ought not to have been made a ground by the High Court for disbelieving the prosecution case
qua the respondent and for that matter, granting bail to him.

5.The other ground that was canvassed by the High Court was that the only evidence collected
against the respondent was that he handed over an amount of Rs.25 lacs to the contract killers (who
according to the prosecution committed the murder of Gulshan Kumar).Apart from the fact that in
the context of the prosecution case the above circumstances incriminates the respondent in a large
way we find that the Investigating Agency has collected other incriminating materials also against
the respondent, to make out a strong prima facie case against him. It is trite that among other
considerations which the Court has to take into account in deciding whether bail should be granted
in a non-bailable offence is the nature and gravity of the offence. We are therefore of the opinion
that the High Court should not have granted bail to the respondent considering the seriousness of the
allegations levelled against him particularly at a stage when investigation is continuing.

6.We, therefore set aside the impugned order dated October 23, 1997 and cancel the bail granted to
the respondent. The respondent is directed to surrender before the Magistrate concerned on or
before December 3, 1997 and on such surrender the Magistrate shall take him into judicial custody.
In case the respondent does not comply with the above direction of ours the Magistrate shall take
appropriate legal steps for his apprehension and remand to judicial custody

7.The appeal is thus allowed without prejudice to the right of the respondent to pray for bail before
the appropriate forum and at the appropriate stage. If and when such a prayer is made the Court
concerned will consider the same without in any way being inhibited by the observation of the High
Court in the impugned order and of this Court in the present order