Gujarat High Court
Arjunbhai Ghanshyambhai Khatariya vs Jayrajsinh Temubha Jadeja & on 6 December, 2017
Author: Akil Kureshi
Bench: Akil Kureshi, Biren Vaishnav
R/CR.MA/29788/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (RECALL) NO. 29788 of 2017
In CRIMINAL MISC.APPLICATION NO. 28151 of 2017
With
CRIMINAL MISC.APPLICATION NO. 29846 of 2017
In
CRIMINAL MISC.APPLICATION NO. 28151 of 2017
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ARJUNBHAI GHANSHYAMBHAI KHATARIYA....Applicant(s)
Versus
JAYRAJSINH TEMUBHA JADEJA & 1....Respondent(s)
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Appearance:
MR DIPEN DESAI, ADVOCATE for the Applicant(s) No. 1
MR.S.V.RAJU, SENIOR ADVOCATE for MR P B KHANDERIA, ADVOCATE for
the Respondent(s) No. 1
MS.NISHA THAKOR, APP for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 06/12/2017
COMMON ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. These are applications filed by private individuals. They seek recall or modification of our order dated 01.04.2017 passed in Criminal Misc. Application No.28151 of 2017. This concerns one Jayrajsinh Temubha Jadeja who was acquitted by the Trial Court, but vide a judgment dated 11.08.2017, his acquittal was reversed by the High Court. He was convicted for offence under section 302 of Indian Penal Code and sentenced to life imprisonment. He has Page 1 of 4 HC-NIC Page 1 of 4 Created On Wed Dec 06 23:06:13 IST 2017 R/CR.MA/29788/2017 ORDER filed appeal before the Supreme Court which is pending. Pending such appeal, he surrendered before the jail authorities and was granted bail by the Supreme Court on the condition interalia that;
"(i) The appellants shall remain out of the State of Gujarat and shall not enter into the State of Gujarat except for the purpose of attending any criminal proceedings without prior permission of the High Court of Gujarat."
2. Said Jayrajsinh Temubha Jadeja had filed Criminal Misc. Application No.28151 of 2017 seeking relaxation of this condition for a limited period on various grounds. We had granted him permission to enter the State of Gujarat for the period between 07.12.2017 to 17.12.2017 by our order dated 01.12.2017. These applications are filed for recall of the order. Criminal Misc. Application No.29788 of 2017 is filed by a person who is a candidate in the ensuing State Assembly Elections from Gondal constituency. He has raised serious concerns about law and order situation during such elections, for which, the voting is scheduled on 09.12.2017. He pointed out that the wife of the convict is a candidate of one of the national parties. Criminal Misc. Application No.29846 of 2017 is filed by a person who was an important eyewitness in the criminal trial where said Jayrajsinh Temubha Jadeja is now convicted by the High Court. He also has made a similar prayer.
3. Learned advocate Shri Raju submitted that these Page 2 of 4 HC-NIC Page 2 of 4 Created On Wed Dec 06 23:06:13 IST 2017 R/CR.MA/29788/2017 ORDER applications are not maintainable. However, he would not oppose the modification of the order dated 01.12.2017 in Criminal Misc. Application No.28151 of 2017, to the limited extent that he shall remain upon police japta at his cost. It is therefore provided that the permission to Jayrajsinh Temubha Jadeja to enter the State will be subject to a further condition that immediately upon entering the State and thereafter the Rajkot District, he shall first present himself before Malaviyanagar Police Station, Rajkot, where, the Commissioner of Police shall make necessary arrangements for providing two armed guards during his entire stay within Gujarat. This shall be done at his cost.
4. We must record that learned advocates appearing for the petitioners in these applications had argued that as per bail order of the Supreme Court dated 05.10.2017, said Jayrajsinh Temubha Jadeja could enter the State of Gujarat only for the purpose of attending any criminal proceedings, that too with prior permission of the High Court. In their opinion, the Court committed an error in granting him permission for any purpose other than for attending criminal proceedings. In our interpretation however, the condition imposed by the Supreme Court and which has been reproduced in this order would require Jayrajsinh Temubha Jadeja to obtain prior permission of the High Court for entering into the State for the purpose other than attending any criminal proceedings. Learned advocate Shri Himanshu Desai however submitted Page 3 of 4 HC-NIC Page 3 of 4 Created On Wed Dec 06 23:06:13 IST 2017 R/CR.MA/29788/2017 ORDER that he would approach the Supreme Court for necessary clarification. We only record his statement.
5. With above observations and directions, these applications are disposed of. Direct service to respondent no.1 is permitted.
(AKIL KURESHI, J.) (BIREN VAISHNAV, J.) ANKIT Page 4 of 4 HC-NIC Page 4 of 4 Created On Wed Dec 06 23:06:13 IST 2017