Rajendrabhai @ Rajan Laxmanbhai ... vs State Of Gujarat
2022 Latest Caselaw 4657 Guj

    R/CR.A/707/2022                                   ORDER DATED: 04/05/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CRIMINAL APPEAL NO. 707 of 2022

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            RAJENDRABHAI @ RAJAN LAXMANBHAI VASAVA
                            Versus
                      STATE OF GUJARAT
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Appearance:
DIVYA H SHAH(10105) for the Appellant(s) No. 1
MR SURAJ B MATIEDA(10499) 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 : 04/05/2022

                                ORAL ORDER

Present appellant has filed Criminal Misc. Application No. 129 of 2022 before the court of learned 2 nd Additional Sessions Judge, Ankleshwar u/s 439 of the Code of Criminal Procedure, 1973 requesting to enlarge him on regular bail on account of offence being C.R. No. 11199028200520 of 2020 registered with Jhagadia Police Station, Dist: Bharuch for the offence punishable under Sections 323, 504, 506(2), 143, 147, 148, 149, 341, 188 of the Indian Penal Code; Sections 3(1)(r)(s) and 3(2)(v-a) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "the Atrocities Act") wherein the learned 2nd Additional Sessions Judge, Ankleshwar rejected the said application on 15.03.2022.

R/CR.A/707/2022 ORDER DATED: 04/05/2022

Feeling aggrieved by the said order, appellant has preferred this appeal u/s 14A of the Atrocities Act.

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

Learned advocate for the appellant has submitted that the present appellant is wrongly involved in the offence by the Investigating Agency. That, the appellant is absolutely innocent person and has not committed any offences whatsoever much less offences as enumerated in the FIR. There was no serious violence or any serious injury caused to any one including the informant and his family members. That the investigation is over and charge sheet has been filed. That, the appellant was the sarpanch and his term was about to end, the FIR has been filed with an oblique motive, so he cannot stand in election for the second time. That, the present complaint has been filed by the rival group to finish the political career of the appellant - Sarpanch. Hence, it was requested by learned advocate for the appellant to quash and set aside the impugned judgment and order passed by the learned Additional Sessions Judge and release the present appellant on regular bail.

Learned APP for the respondent no.1-State and learned advocate for the respondent no.2 have strongly objected the submissions made by learned advocate for the appellant and

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submitted that learned trial court has rightly dismissed the prayer for granting bail to the present appellant. That, strong prima facie case is made out against the present appellant wherein there are non bailable and grievous offenses have been committed , If the appellant would be released on bail, he will continue to commit such kind of offences in future also. That, there is strong possibility that the appellant would try to hamper and temper with the evidence and will threaten the witnesses. That, the appellant is the main accused in the present offence and head strong person having past antecedents and criminal history of such kind of offenses. That, appellant was absconded for the period of more than 2 years, and therefore, if he would be released on bail, he will tamper with the witnesses and continue his criminal activities, and therefore, learned APP for the respondent no.1-State and learned advocate for the respondent no.2 have requested to dismiss present appeal.

Learned advocate for the respondent no.2 has drawn attention of this court in respect of representation made against the present appellant by some of the villagers disclosing that since last one year, appellant has absconded as he was not arrested by the police.

Having heard learned advocate for the appellant, learned advocate for the respondent no.2 and learned APP for the

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respondent no.1-State and going through the contents of the complaint and police papers, it appears that offence registered against the present appellant at Jhagadia Police Station on 14.06.2020 and he was arrested on 27.02.2022 and since then he is in judicial custody. On 13.06.2020, 13 persons came to his house at around 9.00 in the night and abused him and his family members and threaten them that they will not allow them to stay in the village and put fire on their houses. They also beaten him, but his elder brother had helped him to get out of them. Then, they were on the way to Police Station in a Scorpio XUV, the accused persons stopped them and threaten again. Pursuant to the FIR, 12 persons were arrested by the Police and when they were sent to judicial custody, they moved a regular bail application and on 26.08.2020, all the twelve accused were released on bail. There is nothing on record that during last one year or more, any warrant has been issued against the present appellant. The appellant was arrested before filing of the charge sheet on 27 th February 2022 and since then, he is in judicial custody. If we peruse the affidavit of the Investigating Officer filed on 15.03.2022, out of 13 accused persons, 12 accused persons are released on bail by the learned 2nd Additinoal Sessions Judge, Anklewshwar in Criminal Misc. Application No. 394 of 2020 vide orer dated 26.08.2020. Merely three offences are registered against the

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present appellant, he cannot be run to reject the prayer made by the present appellant denying the bail as observed by the trial court.

Considering the role of the present appellant in the alleged offence committed by him and police papers, this Court is of the view to exercise the discretion in favour of the present appellant by releasing him on regular bail and present appeal deserves consideration.

In the result, present Criminal Appeal is allowed and the impugned judgment and order dated 15.03.2022 passed by the learned 2nd Additional Sessions Judge, Ankleshwar in Criminal Misc. Application No. 129 of 2022 is hereby quashed and set aside. The appellant is ordered to be enlarged on regular bail on furnishing a bond of Rs. 10,000/- with one surety of like amount to the satisfaction of the trial Court and subject to the conditions that appellant 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

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time of execution of the bond and shall not change the residence without prior permission of this Court;

The authorities will release the appellant only if he is not 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.

Direct service is permitted.

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