Rajput (Solanki) Swarupbhai ... vs State Of Gujarat
2022 Latest Caselaw 1114 Guj

    R/CR.A/1553/2021                                ORDER DATED: 02/02/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL APPEAL NO. 1553 of 2021

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                RAJPUT (SOLANKI) SWARUPBHAI SAVABHAI
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR TUSHAR CHAUDHARY(5316) for the Appellant(s) No. 1,2
HCLS COMMITTEE(4998) for the Opponent(s)/Respondent(s) No. 2
MR. HARDIK C THAKKAR(7133) for the Opponent(s)/Respondent(s) No. 2
MR HARDIK SONI, APP for the Opponent(s)/Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE B.N. KARIA

                                Date : 02/02/2022

                                 ORAL ORDER

The appellants preferred one Criminal Misc. Application No. 248 of 2021 before the Court of learned 8 th (Adhoc) Additional Sessions Judge, Banaskantha at Deodar u/s. 439 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellants on regular bail on account of offence being registered vide C.R. NO. 11195045210280 OF 2021 with Suigam Police Station, District Banaskantha for the offence punishable u/s. 143, 147, 149, 307, 324, 323, 506(2) of the Indian Penal Code and u/s. 3(1)(r), 3(1)(s), 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "the Atrocities Act") wherein, learned 8 th (Adhoc) Additional Sessions Judge, Banaskantha at Deodar rejected the said application on 29.09.2021.

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Feeling aggrieved by the said order, the appellants preferred present appeal u/s 14A of the Atrocities Act.

Heard learned advocate for the appellants, learned advocate for the respondent no.2 and learned APP for the respondent No.1-State.

Learned advocate for the appellants has submitted that the appellants are absolutely innocent persons and have not commuted any offence as alleged in the complaint. That the appellants are falsely roped into the present crime and nothing to do with the said offence. That, in all there are 7 accused persons including present appellants and are the members of same family from which five accused persons are released on regular bail. That, the injured Baldevbhai is discharged from the hospital and is hail and hearty. That, the appellant No.1 is aged about 62 years. That, the charge sheet is filed and therefore, there are no possibilities of tampering or hampering with evidence. That, the appellants are not having any criminal antecedents in the past. Hence, it was requested by learned advocate for the appellants to quash and set aside the impugned judgment and order passed by learned Sessions Judge and release the appellants on bail.

Learned APP for the respondent No.1-State and learned advocate for the respondent no.2 have strongly objected the

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arguments advanced by learned advocate for the appellants and submitted that deadly weapons such as sword and dhariya. The present appellants had assaulted the complainant and multiple injuries were caused to him along with other accused. The names of the appellants were clearly disclosed from the beginning at the time of filing of the complaint by the respondent no.2. It is further submitted that trial court has rightly rejected the application to release the appellants on bail observing that both have assaulted with sword and injury was caused to Baldevbhai. Referring the medical examination of the injured, it is submitted that prima facie involvement of the present appellants with deadly weapon is made out by the prosecution. Hence, it was requested by learned APP for the respondent-State as well as learned advocate for the respondent no.2 to dismiss present appeal.

Having heard learned advocate for the appellants and learned advocate for the respondent no.2 as well as learned APP for the respondent no.1-State, it appears that as per the prosecution case on 25.07.2021, in the morning, cousin brother of the complainant called him that appellants along with other accused came at their farm to beat him so he went to that field and after reaching there, he saw accused persons having deadly weapons in their hands, were assaulting said Baldevbhai so he shouted so all the accused persons including

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appellants left the place. That, injured Baldevbhai was taken to the Vav Government Hospital and was further taken to Tharad Hospital and was against further taken to Palanpur Hospital. If we peruse the charge sheet papers produced on record, it appears that as per the certificate dated 25th July 2021 issued by the Referal Hospital, Wav(B.K.) there is no fracture injury caused to the injured Amrabhai Rathore on vital part of his body. There are some injuries in the form of CLW etc Only two injuries were found as sharp cutting weapons at Right elbow about 2 x 1 x 1 cm in size and at right side of leg 2.5 x 2.5 x 1 cm size, bright red in colour. No serious injuries appear to be caused to the original complainant. As per the opinion of the medical officer, General Hospital, Palanpur, injury is due to hard and blunt type of weapon. Admittedly, the injured is discharged from the hospital as observed by the learned Sessions Court in the impugned order.

Considering the fact that investigation is over and charge sheet has been filed as well as the appellants are in judicial custody since August 2021, presence of the appellants would not be required to be continued in judicial custody till the end of the trial. Hence, this is a fit case to exercise the discretion in favour of present appellants by enlarging them on regular bail and hence, the prayer sought for by the present appellants requires consideration.

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Hence, this Court is of the view that present appeal deserves consideration In the result, present Criminal Appeal is allowed and the impugned judgment and order dated 29.09.2021 passed by learned learned 8th (Adhoc) Additional Sessions Judge, Banaskantha at Deodar in Criminal Misc. Application No. 248 of 2021 is hereby quashed and set aside.

The appellants are ordered to be enlarged on regular bail on furnishing a bond of Rs. 10,000/- each with one surety of like amount to the satisfaction of the trial Court and subject to the conditions that appellants shall;

[a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the concerned Trial Court;

[e] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;

The authorities will release the appellants only if they are

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required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.

At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order. Notice is discharged.

Direct service is permitted.

(B.N. KARIA, J) K. S. DARJI