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A.M.AHMADI, J.S.VERMA, P.B.SAWANT, B.P.JEEVAN REDDY, N.P.SINGH
Sanjay Dutt – Appellant
Versus
State through C. B. I. , Bombay – Respondent


JUDGMENT

J.S. Verma, J. - By an order dated 18.8.1994 made in these special leave petitions by the Division Bench (B.P. Jeevan Reddy and N.P. Singh, JJ.) these matters relating to grant of bail to the petitioner, an accused in the Bombay blasts' case being tried by the Designated Court for Greater Bombay, have been referred for decision by a Constitution Bench since certain questions involved in these special leave petitions arise in respect of a large number of persons accused of offences punishable under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as 'the TADA Act'). This is how these matters have come up for decision by this Bench. At the commencement of hearing before us, we had indicated that this Bench would decide only the questions of law involved in the-case as indicated in the order of reference and then send back these matters to the appropriate Division Bench for decision on merits in accordance with the answers we give to the questions of law. Accordingly, only those facts which are material for appreciating the questions of law which are being decided by us require mention in this order.

2. The questions of law indicated in

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