JUDGMENT - (1) In Criminal Reference No. 159 of 1959, which was made to this Court under Section 307 Cr. P. C. by the Sessions Judge, Greater Bombay, a Division Bench of this Court, consisting of Shelat and Naik, JJ. found the accused commander K. M. Nanavati guilty of the offence of murder and sentenced him to imprisonment for life. The accused was then in naval custody and the Court directed that a warrant for his arrest should issue. This decision was gien of Friday, 11th March 1960. An application for leave to appeal to the Supreme Court was made soon after the judgment was pronounced. This ws fixed for hearing on the following Monday, 14th March. A writ comminicating the order of this Court was sent to the Sessions Judge, Greater Bombay, who issued a warrant for the arrest of the accusede and sent it to the police officer in charge of the City Sessions Court for Greater Bombay for execution. The warrant was returned unserved by the police officer with a report, in which he stated that he had been supplied with a copy of an order passed by the Governor of Bombay under Article 161 of the Constitution of India, suspending the sentence passed by this Court. The Sessions Judge then

Click Here to Read the rest of this document