Gujarat High Court
Sanjaybhai Natvarbhai Tadvi vs State Of Gujarat on 29 August, 2017
Author: Sonia Gokani
Bench: Sonia Gokani
R/CR.MA/20690/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 20690 of 2017
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SANJAYBHAI NATVARBHAI TADVI....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR RAMNANDAN SINGH, ADVOCATE for the Applicant(s) No. 1
MS SS PATHAK, PUBLIC PROSECUTOR for the Respondent(s) No. 1
MR HV DARJI, for the Original Complainant
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 29/08/2017
ORAL ORDER
1. This is an application for regular bail under Section 439 of the Code of Criminal procedure, after the filing of the charge-sheet, in connection with the offence registered as C.R. No. I-8 of 2017 with Kevadia Police Station, Narmada, under Sections 302, 323 and 114 of the Indian Penal Code.
2. It is the case of the prosecution that the complainant, Sumitraben is married to one Natvarbhai Chimanbhai Tadvi of village Amdala. Her husband has one son, namely Sanjaybhai, and one daughter, namely Anjnaben, from his first marriage. Anjanaben is married to a person belonging to village Chameta. Sanjay is married to a girl belonging to very same village, namely Chandrikaben. They were all residing under the Page 1 of 6 HC-NIC Page 1 of 6 Created On Sat Sep 09 06:51:47 IST 2017 R/CR.MA/20690/2017 ORDER one roof.
3. One week prior to the alleged incident, there were heated arguments in respect of the pickle not being given by the mother-in-law, Sumitraben, to her daughter-in-law, Chandrikaben. There were serious differences between the step mother and the step son, which often resulted into serious disputes in the family.
4. On 15.05.2017, the deceased Mohanbhai Bachubhai Tadvi, who happened to be the brother of the complainant, was called by present applicant and his wife, co-accused, Chandrika and they informed the deceased of partisan attitude of the complainant for him to mediate amongst the family.
5. It is, further, the case of the prosecution that at about 06:00 p.m., present applicant and his wife-Chandrika discussed various issues with the deceased Mohanbhai. When the complainant was explaining entire sequence to her husband, i.e. to the father of this applicant, applicant-Sanjay and his wife Chandrika got agitated and rushed to the place armed with a stick and inflicted a blow on the head of the complainant. When the complainant cried out for help, the deceased Mohanbhai Page 2 of 6 HC-NIC Page 2 of 6 Created On Sat Sep 09 06:51:47 IST 2017 R/CR.MA/20690/2017 ORDER interfered and gave a push to the applicant to protect his sister, however, the applicant fell down due to such push. Since, the applicant, his wife and his brother-in-law were armed with sticks and started beating the deceased, the deceased run towards the river. The deceased was allegedly chased by the applicant and others and in the morning, Mohanbhai (since deceased) was found lying dead on the bank of the river.
6. Learned Advocate, Mr. Singh, appearing for the applicant has urged that, it was a family dispute, where there was no intention to kill anybody, which unfortunately resulted into death of Mohanbhai. The family has already arrived at a compromise, and therefore, the applicant be given the benefit of discretion of bail.
7. Learned Advocate, Mr. Darji, appearing for the original complainant has filed an affidavit, wherein, she has stated that she has no intention of continue litigation against her stepson and stepdaughter-in-law and therefore, they be released on bail. She also, further, has urged that this is a family dispute, which has been resolved. The deceased, since, was her brother, they are all relatives and no cause of grievance survies.
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R/CR.MA/20690/2017 ORDER
8. Learned APP, Ms. Pathak, strongly urged that this is a gravest offence against the human body, and therefore, no leniency be shown, as compromise has no role to play in such matters. Considering not only the complaint but also the recovery panchnama as also the nature of the injuries inflicted on the body of the deceased, as reflected in the post mortem report, coupled with the statement of both the complainant and another witness, this Court need not exercise the discretion in such a serious matter.
9. Having heard both the sides, this Court notices that the deceased is the brother of the complainant, who assigned himself the role of a mediator by involving in the family affairs of her sister, who married at a late age and whose husband already had two children from his first marriage. As per the case of the prosecution, when the complainant was explaining the events that took place after her brother visited her matrimonial home, present applicant and his wife chose to attack her. Their prima facie role of aggressors, without any instigation at the end of complainant or her brother coupled with the nature of the injuries sustained by the deceased Mohanbhai and particularly, the chasing of the deceased by the present applicant and others with sticks even after he attempted to flee from his Page 4 of 6 HC-NIC Page 4 of 6 Created On Sat Sep 09 06:51:47 IST 2017 R/CR.MA/20690/2017 ORDER sister's matrimonial home, after once the dispute at home had resulted into scuffle prima facie reflect mens rea. Again the said act is further substantiated by the medical evidence and particularly the post mortem report, which would not allow this Court to exercise discretion in favour of the applicant.
10. This Court needs to reiterate that prima facie, this does not appear to be a case of sudden fight resulting into death of a person. Even if, when the quarrel took place, it was concerning of trivial issue of pickle. Subsequent events and the weapons armed do not deserve undue sympathy. Even otherwise, this Court does not need to exercise discretion in a serious matter like the present one, in an offence alleged under Section 302 of the IPC, where, the charge-sheet is already filed on due investigation and Section 302 of the Indian Penal Code has continued to be retained, and therefore also, it no longer remains a private affair and a family dispute. The State is concerned with the protection of individual and therefore, wherever serious crime occurs which affects the society at large, it is a serious cause of concern for the State as the guardian of its citizens. Murder being the gravest form of homicidal death, even when occurs within the family, compromise cannot form the Page 5 of 6 HC-NIC Page 5 of 6 Created On Sat Sep 09 06:51:47 IST 2017 R/CR.MA/20690/2017 ORDER basis to regard the application of bail. Again, the victim and close relative are far more vulnerable as witnesses in such events and therefore also, no discretion in this matter deserve to be exercised, merely because the parties, for whatever reasons, have chosen to enter into the compromise.
11. So far as the ground of parity is concerned, the co-accused, who has been released on bail, is a lady accused. This Court, therefore, cannot exercise discretion on that count as well. Even otherwise, the role of the present applicant is prima facie more of aggressive.
12 Resultantly, this application fails and is REJECTED. Rule is discharged. If, the trial does not commence within a period of four months, the applicant shall be at liberty to approach the competent Court afresh for bail.
(MS SONIA GOKANI, J.) UMESH Page 6 of 6 HC-NIC Page 6 of 6 Created On Sat Sep 09 06:51:47 IST 2017