Bhanji Hamir Dangodara vs State Of Gujarat

Gujarat High Court

Bhanji Hamir Dangodara vs State Of Gujarat on 6 August, 2025

Author: Gita Gopi

Bench: Gita Gopi

                                                                                                                              NEUTRAL CITATION




                             R/CR.A/233/2003                                                  ORDER DATED: 06/08/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/CRIMINAL APPEAL NO. 233 of 2003
                                                             With
                                               R/CRIMINAL APPEAL NO. 128 of 2003
                       ==========================================================
                                               BHANJI HAMIR DANGODARA & ANR.
                                                            Versus
                                                      STATE OF GUJARAT
                       ==========================================================
                       Appearance:
                       MS SEJAL K MANDAVIA(436) for the Appellant(s) No. 1,2
                       MR ROHANKUMAR RAVAL, APP for the Opponent(s)/Respondent(s) No. 1
                       ==========================================================
                         CORAM:HONOURABLE MS. JUSTICE GITA GOPI
                                          Date : 06/08/2025
                                       COMMON ORAL ORDER

Order in CRA 128/03:

1. Report dated 5.8.2025 of the Chief Probation Officer, Gir Somnath is produced on record for accused no.1 - Kanji Nagji Sankhat, accused no.2-Daud Hasan Makrani, accused no.3 - Rafik Daud Makrani, accused no.4 - Iqbal Daud Makrani and for accused no.5 - Sikandar Daud Makrani.

The report of the probation officer is that the accused no.3 - Rafik Daud Makrani died on 4.3.2025 and accused no.5 - Sikandar Daud Makrani died on 18.5.2024. The report is attached with the copy of the death certificate which affirms their death.

2. As per the report of the Probation Officer, offence came to be registered since there was an Page 1 of 4 Uploaded by MAULIK R. PANDYA(HC00205) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:47:58 IST 2025 NEUTRAL CITATION R/CR.A/233/2003 ORDER DATED: 06/08/2025 undefined oral grievance and on that basis, there was verbal spat and verbal abuse and the issue had converted into quarrel and the offence under Sections 143, 147, 148, 149, 323, 324 and 337 IPC was registered against all the five accused.

3. Record of the Court suggest that Criminal Appeal no.128 of 2003 challenges the judgment in Sessions Case no.54 of 2001, where five accused were granted probation.

4. The report suggests that three accused have repented for the offence and has also found that they got defamed in the society. The judgment is dated 31.12.2002 since then, the accused were under the supervision of the Probation Officer and nothing adverse has come on record and as directed, the Chief Probation Officer was to file a report before the learned JMFC, Una regarding their behaviour, conduct and character and about their moment. Till today, nothing adverse has been brought on record and they have been found to be fulfilling the conditions of the bond. The accused were put under supervision for a period of two years, which has elapsed since the long time and even when the report has been called for, nothing adverse has been found Page 2 of 4 Uploaded by MAULIK R. PANDYA(HC00205) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:47:58 IST 2025 NEUTRAL CITATION R/CR.A/233/2003 ORDER DATED: 06/08/2025 undefined against the accused.

5. In view of the same, Criminal Appeal no.128 of 2003 stands disposed of by way of judgment of the Trial Court and the report of the Probation Officer. Report be taken on record. Hence, the matter stands disposed of in accordance to the report of the Probation Officer. Bail bond stands discharged.

Order in Criminal Appeal no.233 of 2003:-

1. Report dated 5.8.2025 of Chief Probation Officer, Gir Somnath is submitted for the accused no.1 - Bhanji Hamir Dangodara and accused no.2 - Pravin Kashiram Dangodara. The Probation Officer's report is also supported by the certificate of Gram Panchayat as well as statements of two persons affirming about their conduct and character.

2. Criminal Appeal no.233 of 2003 is challenging the judgment dated 31.12.2002 passed by the learned Additional Sessions Judge, Veraval in Atrocity Sessions Case no.31 of 1999. The accused were released on probation and the Probation Officer was directed to supervise them for a period of two years.

NEUTRAL CITATION R/CR.A/233/2003 ORDER DATED: 06/08/2025 undefined

3. In view of the Probation Officer's report, nothing adverse has been found against the accused. The report appraises of good behaviour, conduct and character. The accused have repented their offence. This Court relying on the probation officer's report finds nothing adverse against both the accused and since the conduct, character and behaviour of the accused are found to be good, nothing now remains and even the period of supervision has already exhausted since long time.

4. In view of the same, Criminal Appeal no.233 of 2003 stands disposed of in accordance to the report of the Probation Officer. Bail bond stands discharged. Registry is directed to send the record and proceedings back to the concerned Trial Court.

(GITA GOPI,J) Maulik Page 4 of 4 Uploaded by MAULIK R. PANDYA(HC00205) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:47:58 IST 2025