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
undefined
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
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
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
