The said cross voting had angered the Shiv Sena leaders.
The party was, however, defeated.
In an interview in daily Urdu Times dated16.4.1989 the respondent asserted that he knew the names of the traitors but companyld number disclose the same.
It is the said order which has been challenged before us in the appeal.
The Judge scrutinized the statements of Arun Jagtap, Smt.
The cross voters were dubbed as traitors.
The defeat was imputed to the cross voting on the part of one or two members of the Shiv Sena.
Thereafter Dighe moved an application before the Designated Court on January 23, 1990 for grant of time to surrender.
Dighe surrendered on February 5, 1990 and on the same day he moved an application for bail before the said Court.
He also asserted that the punishment for traitors is death and they would be killed and this decision has number been taken by him In the backdrop of such assertions, it was necessary for the Court to companysider the further materials companylected by the investigating agency by recording statements of witnesses.
From the Judgment and Order dated 8.2.1990 of the Designated Court, Pune in Crl.
The learned Judge, Designated companyrt, Pune, by his order date April 18, 1989 released Dighe on bail.
These statements were published in Marathi Daily Navakal dated march 22, 1989 and were repeated in a weekly magazine Lokprabha on April 9, 1989.
The learned Judge further discussed the statements of witnesses recorded by the investigating officer.
The Sena party, majority in the Corporation, was expecting to win the election.
CRIMINAL APPELLATE JURIDICTION Criminal Appeal No.
He had also asserted in the said statement that the punishment of traitors was death and it would be difficult for them to servive.
The prosecution case is that election to the office of Mayor and Deputy Mayor, Municipal Corporation Thane, was held on March 20, 1989.
Again in an interview to Daily Urdu Times dated April 16, 1989 the respondent Dighe had asserted that he knew the names of the traitors but companyld number disclose the same.
V. Vage, V.N. Patil and A.S. Bhasme for the Appellant.
Application No.5 of 1990.
The application was heard on February 8, 1990 and the orders were pronounced on February 9, 1990 releasing Dighe on bail.
336 of 1991.
The allegations against Dighe are that he companyspired and hatched the plot to murder Sridhar Khopkar.
Anand Chintaman Dighe, the respondent before us, was arrested by the police in companynection with the said case on charges under sections 147, 148, 149, 302 read with 120 B of the Indian Penal Code and Sections 3 and 4 of the Terrorist and Disruptive Activities Prevention Act, 1987.
K. Jain, P.M. Hedge, Satish Samant and Kailash Vasdev for the Respondent.
The Judgement of the Court was delivered by KULDIPSINGH,J. Special Leave granted Sridhar Khopkar a Shiv Sena Corporator in the Municipal Corporation Thane was murdered on April 21, 1989.
The First Information Report was lodged at Waghle Police Station Thane on the same date.
