Gujarat High Court
Rabari Savabhai Varvabhai vs State Of on 1 February, 2013
Author: Anant S. Dave
Bench: Anant S. Dave
RABARI SAVABHAI VARVABHAI....Applicant(s)V/SSTATE OF GUJARAT....Respondent(s) R/CR.MA/13402/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR DIRECTION) NO. 13402 of 2012 In CRIMINAL MISC.APPLICATION NO. 13143 of 2012 In CRIMINAL MISC.APPLICATION NO. 12776 of 2012 ================================================================ RABARI SAVABHAI VARVABHAI....Applicant(s) Versus STATE OF GUJARAT....Respondent(s) ================================================================ Appearance: MR MAHESH K POOJARA, ADVOCATE for the Applicant(s) No. 1 MR MAULIK G. NANAVATY, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 01/02/2013 ORAL ORDER
Heard the complainant who is present in the Court and his Advocate, Mr. Mahesh K. Poojara, learned Counsel Mr. A.D. Shah appearing on behalf of the Noticee and learned Additional Public Prosecutor Mr. Maulik G. Nanavaty for the respondent State.
This application is filed by the original complainant Rabari Savabhai Varvabhai with a prayer to issue appropriate order or direction pursuant to the order passed in Criminal Miscellaneous Application (Temp Bail) No.13143/2012 and Criminal Miscellaneous Application (Temp Bail) No.12776/2012 dated 07.09.2012.
This application has a genesis in the order dated 31.08.2012 passed in Criminal Miscellaneous Application No.12776/2012 whereby the under-trial prisoner Ketan Malji Desai was granted temporary bail for a period of one week on the basis of a medical certificate submitted with the application. Vide order dated 07.09.2012 in Criminal Miscellaneous Application No.13143/2012, this period of temporary bail was extended for a further period of ten days.
During the course of proceedings, the Co-ordinate Bench considered the application being Criminal Miscellaneous Application No.13402/2012 filed by the complainant and noticed certain irregularities about the Medical Certificate annexed with the application for temporary bail and on 24.09.2012 directed the Investigating Officer to verify the contents of the application and file an Affidavit. Accordingly, the Police Inspector Visnagar Police Station, filed an Affidavit dated 21.09.2012 and a detailed affidavit dated 29.09.2012 alongwith relevant material pursuant to the investigation carried out as ordered.
In the above affidavit, it is stated that no such hospital in the name of Pratham Hospital in the Saidham Shopping Centre, Vastral Road, Ahmedabad exists nor Dr. Nimesh Suthar Of Pratham Hospital was practising at the place and even the Medical Certificate was not genuine. Accordingly, the matter was kept for further hearing.
Learned Additional Public Prosecutor Mr. Maulik G. Nanavaty for the respondent State would rely on the affidavit filed by the investigating officer as above and submits that the under-trial prisoner who was released on temporary bail has reported to jail authority in time. The Medical Certificate which has turned out to be false (on the basis of which the order of temporary bail was obtained), would be kept in the record of jail authority qua the under-trial prisoner so in future if any attempt is made by the under-trial prisoner for seeking temporary bail, it would be pressed into service and an action as envisaged either under the Prison Act or Jail Manual would be initiated against the under-trial prisoner, in accordance with law.
Learned Counsel Mr. A.D. Shah appearing on behalf of the Noticee would deny all allegations levelled against her and would submit that the allegations are not true and no role is played by the Noticee and therefore, no further action is necessary in this regard treating the matter as closed.
The application for temporary bail which was filed by the applicant through his sister would further contend and adhere about her approaching the Noticee and obtaining the Medical Certificate for the purpose of securing temporary bail.
At this stage, the complainant who is present in the Court would submit that he and his relatives are being harassed by the accused and his family members and even a false case under Section 354 of the Indian Penal Code is registered against him by the sister of the under-trial prisoner. The complainant by filing an additional affidavit has named four persons of Chanakyapuri area of Ahmedabad of administering threats to him and his relatives. It is therefore submitted that the complainant and his relatives be given adequate protection and/or in alternate action in accordance with law be taken against such persons.
Considering overall facts and circumstances, the submissions made herein above and the affidavit filed by the complainant seeking directions and Additional Affidavit dated 01.02.2013, apprehending danger and threat the complainant s life and relatives and also under one or other pretext, the dispute continues to remain between a group of relatives of the complainant and the accused including levelling allegations against each other and also administering threats, at this stage, it will be appropriate to direct the Police Officer Incharge of Chanakyapuri Area, Ahmedabad to see and ensure that no further threats are administered by the persons as named in Paragraph 4 of the affidavit dated 01.02.2013 filed by the complainant. In addition, action be taken in accordance with law including that of Chapter VIII of Criminal Procedure Code, 1973. However, incase if it is found that the complainant or his relatives try to take undue advantage of the situation, it will be open for the concerned Police Officer Incharge to see that the law and order situation in the area is not disturbed in any manner by taking preventive action in this regard.
The under-trial prisoner has already reported to the jail authority in time and the learned Additional Public Prosecutor has also assured to take action in accordance with law as provided under the Prison Act / Jail Manual and any other action in accordance with law, against the under-trial prisoner.
In the aforesaid circumstances, I deem it just and proper to discharge the Rule issued and the matter stands disposed of accordingly. The trial pending in the Court of the learned Additional Sessions Judge, Visnagar, i.e. Sessions Case No.24/2013 be expedited as early as possible, as the case has a genesis in Section 376 of the Indian Penal Code.
Direct Service is permitted.
Sd/-
(ANANT S. DAVE, J.) CAROLINE Page 5 of 5