Aniruddhsinh @ Anopsinh @ Anil S/O ... vs State Of Gujarat
2022 Latest Caselaw 9830 Guj

     R/CR.MA/3724/2022                               JUDGMENT DATED: 07/12/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 3724 of 2022


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE SAMIR J. DAVE                                    Sd/-

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1      Whether Reporters of Local Papers may be allowed to               NO
       see the judgment ?

2      To be referred to the Reporter or not ?                           NO

3      Whether their Lordships wish to see the fair copy of the          NO
       judgment ?

4      Whether this case involves a substantial question of law          NO
       as to the interpretation of the Constitution of India or
       any order made thereunder ?

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 ANIRUDDHSINH @ ANOPSINH @ ANIL S/O VISHUBHA @ VIJAYSINH
                              SODHA
                               Versus
                         STATE OF GUJARAT
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Appearance:
MS TANAVEER K LOLADIA(9994) for the Applicant(s) No. 1
MR PREMAL S RACHH(3297) for the Respondent(s) No. 1
MS. M.B.BHATT, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                              Date : 07/12/2022
                              ORAL JUDGMENT

1) The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R.No.11202014200087 of 2022 registered with Dhrol Police Station, Jamnagar, for the offences

R/CR.MA/3724/2022 JUDGMENT DATED: 07/12/2022

punishable under Section 302, 120B of Indian Penal Code and under Sections 25(1-B) A and 29 of the Arms Act.

2) Heard learned Mr. Tanaveer K Loladia for the applicant and Ms. M.B.Bhatt, learned APP assisted by learned Advocate Mr. Premal Rachh for the original complainant.

3) Brief facts leading to filing of present application are that:

3.1 That on 06.03.2020 at about 12:45 Hrs in the morning, Divyarajsinh @ Divubha Jadevirsinh Jadeja had called the complainant at the place of incident. When they both had walked and reached at nearest ATM to withdraw money, one Mustak Pathan and one unknown person came there and had started firing with different kind of weapons. Due to such indiscriminately firing, the complainant had set down near the door of car for protection. At the time, Mustak Pathan came towards both of them and again started firing on the Divyarajsinh Jadeja, who later on fell down on the ground. Thereafter, both the persons, Mustak and unknown person, ran away in car along with one Aniruddh Sodha, who was driving Maruti Swift Car, heading towards Jamnagar. Thereafter the complainant brought the injured Divyarajsinh to the Government Hospital at Dhrol and thereafter shifted to G.G.Hospital Jamagar, where he was declared as dead. Therefore, the FIR came to be lodged with Dhrol Police Station for the commission of aforesaid offences.

4) Learned advocate for the applicant submitted that the applicant is absolutely innocent and has not committed any offence as alleged or otherwise and the applicant is falsely implicated in the present FIR though he was driving car only. He further submitted that one Omdevsinh Jadeja is

R/CR.MA/3724/2022 JUDGMENT DATED: 07/12/2022

the main conspirator. He has further submitted that Omdevsinh had also motive against the deceased and is very much involved in commission of offence from the beginning. It is further submitted that Omdevsinh was having dispute with deceased regarding plots, windmill etc. It is further submitted that firearms used in the offence are recovered from accused Omdevsinh. It is also submitted that Omdevsinh is already enlarged on bail by the Coordinate Bench of this Court vide order dated 14.09.2022 passed in Criminal Miscellaneous Application No.14038 of 2022. He has also submitted that one of the co-accused also enlarged on bail by the coordinate Bench of this Court vider order dated 16.04.2021 passed in Criminal Miscellaneous Application No.1998 of 2021. Hence, learned advocate for the applicant has requested this Court to grant bail to the present applicant on the ground of parity also.

5) Opposing the bail application, learned APP for the State contended that there is sufficient evidence against the applicant which proves his involvement in the alleged offence. She strongly opposes the bail application contending about the nature and gravity of the offence and states that in such circumstances, considering the seriousness of the offence and the manner in which the applicant executed the alleged offence, no case is made out for exercising discretion in favour of the applicant.

6) Heard learned advocates for the respective parties.

7) It appears from the FIR as well as the charge-sheet papers that the applicant has some dispute with deceased Divyarajsinh who has not permitted to pass through the vehicle on the toll-plaza without paying the tax and, therefore, the applicant has some animosity with the deceased Divyaraj Jadeja. Similarly, it also appears that Omdevsinh Jadeja was having the enmity with the deceased in respect of the contract of wind-mill

R/CR.MA/3724/2022 JUDGMENT DATED: 07/12/2022

and, therefore, the applicant and Omdevsinh constituted conspiracy to kill Divyarajsinh. Therefore, they both have engaged sharpshooter. Thereafter, the applicant has conducted Reki and while Divyrajsinh was filling petrol in his car, at that time, Omdevsinh fired at Divyarajsinh who succumbed the injuries. It further appears from the affidavit filed by the Police Inspector, Dhrol, that when the complainant along with his friend, returning from ATM situated at "Dhrol Parekh Petrol Pump" after withdrawing cash, at that time, the present applicant along with four co-accused had come there in Swift Car bearing registration No. GJ-03-JR-8218. Except the present applicant, co-accused persons fired on the complainant. Thereafter all the accused persons had ran away from the sport and caught hold near Toll Tax. Upon searching, one pistol and seven live cartridges had been recovered from all accused persons and thereafter, the charge sheet being No. 25 of 2020 came to be filed against them. It further appears that the present applicant is also identified in Test Identification Parade. There are total seven antecedents against the preset applicant. On perusing the record, it reveals from the deposition of Devendrasinh Jadeja- who is an eye witness, who narrated the entire incident, which was actually occurred and he has also supported the case of the prosecution.

8) For the foregoing reasons and from the facts and circumstances of the case, it appears that the prosecution has clearly established prima facie case against the present applicant and, therefore, this Court is not inclined to exercise the powers vested under section 439 of Code of Criminal Procedure Code for releasing the present applicant on bail. Accordingly, present application stands rejected. Rule is discharged.

Sd/-

(SAMIR J. DAVE,J) VISHAL MISHRA