Ajitsinh Ranjitsinh Rana vs State Of Gujarat
2022 Latest Caselaw 1203 Guj

    R/CR.A/864/2021                                  ORDER DATED: 03/02/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CRIMINAL APPEAL NO. 864 of 2021
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                          AJITSINH RANJITSINH RANA
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR.N.D.NANAVATY,SR.COUNSEL FOR MR YASH N NANAVATY(5626) for
the Appellant(s) No. 1,2
KRUTARTH K DESAI(9662) 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 : 03/02/2022

                                ORAL ORDER

Present appellants have filed Criminal Misc. Application No. 452 of 2021 before the court of learned 5th Additional District & Sessions Jude, Bharuch u/s 439 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellants on bail on their being arrested on account of an offence being registered vide C.R. No. 11199001201186 of 2020 with City "C" Division Police Station, Bharuch Dist. Bharuch for the offence punishable u/s 302, 323, 325, 504, 506(2) 114 of the Indian Penal Code and u/s. 3(1)(r), 3(1)(s), 3(2)(va), 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "Atrocity Act"), wherein the learned 5th Additional District & Sessions Judge, Bharuch dismissed the said application.

Feeling aggrieved by the said order, the appellants have preferred this appeal u/s 14A of the Atrocity Act.

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Heard learned advocates for the respective parties.

Learned advocate for the appellants submits that at the end of investigation, the charge-sheet was filed by the Investigating Agency against the present appellants. That, appellants are innocent persons and falsely implicated in the alleged offence. That, no role was attributed to the appellants in committing offence. That, as per the discharge report, there were no major injuries caused to the complainant even police complaint also filed under Section 323 of the IPC. That, as per the discharge report, he was treated for neck and toe injuries other than no treatment or surgery of the hip was shown. That, there is huge contradiction between the prosecution version and the medical reports. That, as per the PM report the cause of death is "Hemmorrhagic shock due to severe and diffused lungs injury following chest injury and due to right hip and limbs injury. That, appellants are in judicial custody since December, 2020. That, the other co-accused was released on regular bail by this Court Hence, on the ground of parity, this is a fit case for granting regular bail to the appellants and requested to grant bail to the appellants.

Learned APP appearing for the respondent-State as well as learned advocate for the respondent No.2 have objected the submissions made by learned advocate for the appellants and submitted that Investigating Agency has concluded the investigation and charge-sheet was also filed against the present

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appellants along with the accused Nos. 1 to 4. That, there is specific role assigned to the present appellants which is evident from the FIR as well as the charge-sheet. That, present appellants have been named by the accused No.1 vide his statement dated 30th December, 2020. That, CCTV footage also shows that there are persons involved in man handling the present complainant. That, present appellants had accompanied the accused No.1, for the reasons best known to them to handle the present complainant which is evident from the CCTV footages and statement of accused No.1 Learned APP has referred the statement of shop keeper of Kutchh Super Stall being an independent eye witness and submitted that role of the present appellants is very clear. It is further submitted that CCTV footage also finds the facts all the present appellants in lying with the allegations levelled. That, as per PM report Col. 20, there is specific disclosure that 3 rd rib left side and 4th rib on right side found fracture anteriorly on chest wall. That, the injuries is tallied with caused of death in PM Note prepared by the doctor. That, there are eye witnesses, who have identified the persons assaulting the complainant and prima facie involvement of the present appellants is clearly made by the prosecution. That, there are every chances of tempering witnesses of the prosecution. Therefore, no liberty can be granted to the present appellants by releasing them on bail. Hence, it was requested by learned advocate for the respondent

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No.2 and learned APP for the respondent -State to dismiss the present appeal.

Having head learned advocates appearing for the respective parties and learned APP for the respondent -State as well as perusing the charge-sheet papers, it appears that name of the present appellants are not shown in the FIR nor any role was attributed to them. It also appears that as per the discharge report issued by the doctor, there was no major injuries caused to the complainant even police complaint was also filed under Section 323 of Cr.P.C initially. As per discharge report, deceased was treated for neck and toe injuries other than no treatment or surgery of the hip was given. It also appears that as per the PM Report cause of death is "Hemorrhagic shock due to severe and diffused lungs injury following chest injury and due to right hip and limbs injury". As per the medical reports of the Bharuch Orthopedic Hospital where the complainant was immediately taken up after the incident & was admitted and there was no discussion of the lungs or limbs injuries in the reports dated 23rd December, 2020. It also appears from the record that one of the co-accused namely Pravinsinh D. Rana was released on regular bail by this Court vide order dated 21 st May, 2021 passed in Criminal Appeal No. 437 of 2021[Coram: Hon'ble Mr. Justice Ilesh J.Vora]. Present appellants having almost identical role allegedly played by the other co-accused. Therefore, benefit of parity is also required to give the present

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appellants. From the CCTV footage, no witness as identified the present appellants by name with any weapon or causing any injuries to the deceased. The alleged incident was taken place on 17th December, 2020 and complaint was registered on 18 th December, 2020. Injured who had given the complaint was expired after 10 days. i.e. 27th December, 2020. Considering the facts and documents produced on record, this Court is of the considered view that present appellants are required to be enlarged on bail.

In the result, present Criminal Appeal is allowed and the impugned judgment and order dated 9.6.2021 passed in Criminal Misc. Application No. 452 of 2021 by learned 5 th Additional District & Sessions Judge, Bharuch is hereby quashed and set aside. The appellants are ordered to be enlarged on bail on furnishing a bond of Rs. 10,000/- (each) with surety of like amount on the following conditions that the appellants shall

(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the court or to any police officer;

(b) at the time of execution of bond, furnish the addresses to the investigating officer and the court concerned and shall not change residence till the final disposal of the case till further orders;

(c) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would decide it on merits;

Despite this order, it would be open for the Investigating

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Agency to apply to the competent Magistrate, for police remand of the appellant. The appellants shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand.

At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the appellants on bail.

Registry shall communicate this order to the concerned Sessions Court and concerned jail authorities through Fax/Email.

(B.N. KARIA, J) BEENA SHAH