JUDGMENT

AHMADI, J. :- These three appeals arise out of the charge levelled by the police against the five petitioners of the above special leave petition under Sec. 3 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (hereinafter called the Act), Secs. 302, 307 read with Ss. 147, 148 and 149, I.P.C. and S. 37 of the Bombay Police Act, 1951, for the murder of one Raju alias Avtar Singh, son of the appellant of Criminal Appeal No. 703 / 89, and for injuries caused to his companion Keshav Vitthal, the first informant. The facts giving rise to these proceedings are as under:

On the afternoon of the 12th July, 1989 when Raju and his companion Keshav were proceeding on a motor-cycle at about 3.00 p.m. they were intercepted by the accused Jitendra and one another known as a wrestler. Following some altercation and heated exchange of words between them, the other three accused persons arrived at the spot. Two of them were armed with knives and the third possessed an iron-rod. On seeing them Keshao who was on the pillion seat took to his heels whereupon Raju who was in the drivers seat abandoned the motor-cycle and ran in another direction. Two of the accused persons ran after Raju while the others including the wrestler chased Keshav. On being overtaken accused Vijay gave a knife blow on the chest of Keshav and his companion Santosh dealt blows with the iron-rod. Thereafter all the three fled from the scene of occurrence. The other two who had chased Raju are alleged to have killed him as he was found lying in an unconscious condition on the road. Both the injured were removed to the hospital. Raju succumbed to the injuries soon after reaching the hospital. Keshav, however, responded to medical treatment and has survived to give evidence.

2. On the same day at about 5.30 p.m. the first information report was lodged by the injured Keshav. On the basis thereof an entry was made in CR No. 138/89 and a case under Ss. 302 and 307 read with Ss. 147, 148 and 149, I.P.C. and Sec. 37 of the Bombay Police Act was registered. The accused were arrested on 15th July, 1989 and were taken on remand for 9 days which period was extended up to 29th July, 1989 on which date the Investigating Officer invoked Sec. 3 of the Act. On 3rd August, 1989 the accused moved an application in the designated Court, Jalgaon, for bail, inter alia, contending that the provisions of the Act had been wrongly and maliciously invoked. The said application was heard and decided by the designated Court on 2nd September, 1989 which took the view that Sec. 3 of the Act was wrongly applied. Against that order the State of Maharashtra has preferred Criminal Appeal No. 712/ 89. As the accused were directed to approach the regular Court, they moved two bail applications before the Fourth Additional Sessions Judge, Ahmednagar. The said bail applications were, however, rejected on 25th September, 1989. Against the said rejection the accused approached the High Court. While those matters were pending in the High Court, the prosecution submitted a charge-sheet against the accused in the designated Court at Jalgaon. Thereupon the High Court rejected the applications. The accused again approached the designated Court for bail. The designated Court once again came to the conclusion that, in the facts and circumstances of the case, Sec. 3 of the Act had no application and discharged the accused on that count under Sec. 227 of the Code of Criminal Procedure, (hereinafter called the Code). By the said impugned order of 27th October, 1989 the case was ordered to be transferred to the Court of Session, Ahmednagar, on the other charges and the accused were granted liberty to move that Court for bail. Against the said order Criminal Appeal No. 703/ 89 has been preferred by Rajus father while the State of Maharashtra has filed Criminal Appeal No. 13/90. Thereupon, the accused approached the High Court for bail but the High Court rejected their application and directed early heari