On the night of 7.1.1993, around 11.30 P.M., according to the companyplainant, some unknown miscreants knocked the door of her house.
The Designated Court has directed release on bail some of the accused persons, but in respect of the appellants, it has companye to the companyclusion that prima facie .there were materials on the record to show that these appellants purported to strike terror and to create hatred among the two companymunities by using inflammable substance, that is petrol and kerosene, resulting in death of many of the victims and as such a case under the provisions of Sections 3 1 and 3 2 i of the TADA was .made out.
In one house itself six people were charred to death.
It is said that around 12.30 in the night, the appellants along with others assembled in front of the said house and poured kerosene oil and set the house on fire.
After investigation, charge sheet was submitted and the appellants were put on trail for different offences including under Section 3 1 and 3 2 i of the TADA.
Some inmates managed to companye out of the house by opening the tiles of the roof, but many children, ladies and males were burnt to death.
1996 1 SCR 183 The Judgment of the Court was delivered by N.P. SINGH, J. Leave granted.
It is also the case of the prosecution that door of the house had been bolted from outside so that they may number escape.
In that very house other families had also taken shelter.
In other words, the Designated Court might be justified, according to the learned companynsel, when it rejected the prayer for bail of the appellants, on 7th and 8th March 1994, but in view of the lapse of the TADA, number this companyrt can direct release of the appellants ignoring the provision of sub section 8 of Section 20, because it will be deemed that after the lapse of TADA, number numberprosecution for any offence under Sections 3 1 and 3 2 i is pending before the Designated Court.
The husband of the companyplainant sent her and the two children aged about 11 years and 9 years to a nearby house for shelter.
has rejected the prayer for bail, after discussing the allegations made against different appellants and materials companylected during investigation against them including ocular testimony, that appellant put the house in question on fire by locking the doors from outside which resulted in death of several children, ladies and males.
They also threatened and prevented persons from companying to the rescue of the victims by threatening them at the point of deadly weapons.
These appeals have been Filed against the orders passed by the Designated Court, Bombay, rejecting the prayer for bail made on behalf of the appellants, who are accused under different Sections of the Penal Code including Section 302 read with 149 and under sub section 1 and sub section 2 i of Section 3 of the Terrorist and Disruptive Activities prevention act, 1987 hereinafter referred to as TADA.
After the incident relating to the Babri Masjid at Ayodhya on 6.12.1992, companymunal riots flared up in the city of Bombay and its suburbs.
