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Issues involved:
The issues involved in the judgment are the framing of charges against the appellants in a TADA Special Case related to an incident of rioting, murder, and other offenses at J.J. Hospital, Bombay. The main accusations include criminal conspiracy to murder, abetment of murder, and aiding an accused to abscond. Framing of Charges Against Kalani: The charges against Kalani were based on the accusation of hatching a criminal conspiracy to murder Haldankar. The prosecution relied on various facts and circumstances, including a meeting at Kalani's resort, telephonic conversations, and threats made by Kalani. However, the statements of key witnesses did not support the conspiracy theory, and the Designated Court's presumption was deemed unjustified. The confession of Dr. Bansal was improperly considered, leading to the quashing of charges against Kalani. Confession of Co-Accused Suryarao: Regarding the confession of Suryarao, the court referred to the principle established in Kashmira Singh v. State of Madhya Pradesh, emphasizing the need for independent evidence to support the confession. In the absence of such corroboration, the confession alone was deemed insufficient to frame charges against Kalani. Charges Against Dr. Desai: The prosecution alleged that Dr. Desai aided an accused to abscond by providing medical treatment and facilitating his escape. The case relied on the confessional statements of Dr. Desai and other co-accused. However, Dr. Desai's statement was self-exculpatory and inadmissible as a confession, rendering the other confessions insufficient to establish the charges against him. Conclusion: Based on the analysis of the evidence and legal principles, the Supreme Court allowed the appeals and quashed the charges framed against both appellants. Consequently, they were discharged from their respective bail bonds.
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