Gujarat High Court
Mahavirsinh Bhikhubha Jadeja vs State Of Gujarat on 28 August, 2017
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/18174/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 18174 of 2017
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MAHAVIRSINH BHIKHUBHA JADEJA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR HARDIK A DAVE, ADVOCATE for the Applicant(s) No. 1
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 28/08/2017
ORAL ORDER
1. Heard Mr.Hardik Dave, learned advocate, for the applicant and learned APP for the respondent-State.
2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I - 23/2017 with Jamnagar City "A" Division Police Station for the offences punishable under Sections 114, 120(B), 222 and 225 of the IPC and 7, 11, 13, 13(1)(D)(ii) and 13(2) of the Prevention of Corruption Act.
3. Learned advocate Mr. HA Dave for the applicant would contend that the applicant is innocent and he, in discharging of his duty, obeyed the order of his superior i.e. Jail Superintendent Mr. V.B. Chauhan and therefore, he is innocent and he has not directly favoured co-accused Mr. Page 1 of 4 HC-NIC Page 1 of 4 Created On Sat Sep 02 13:08:09 IST 2017 R/CR.MA/18174/2017 ORDER Jayesh Patel or he himself became part of the escorts for providing police protection to co-accused Mr. Jayesh Patel. According to the applicant, he has not received any illegal gratification or made any demand. Learned advocate Mr. Dave would further contend that the applicant has spotless career of 33 years in police department and he is behind bar since 18.2.2017 and therefore, keeping the applicant behind bar would amount to pre-trial conviction. Therefore, the applicant may be released on bail since now, he is suspended from the service.
4. Per contra, learned APP Ms. Moxa Thakkar while opposing the bail application, urged that the applicant along with co-accused persons facilitated under trial prisoner Mr. Jayesh Patel by taking him to the Court at Ahmedabad in private car with all required facilities desired by co-accused Mr. Jayesh Patel and thus, they have abused their position.
5. Having heard the submissions made at bar, it appears that the applicant was part of Japta party along with other co- accused Mr. Kalubhai, who, at the instance/ instructions of accused Mr. V.B. Chauhan - Jail Superintendent, facilitated co-accused Mr. Jayesh Patel while attending the Court at Ahmedabad. It is a matter of fact that the applicant and other co-accused, namely Kalubhai took co-accused Mr. Jayesh Patel for attending the hearing at Sessions Court, Ahmedabad. It is a matter of fact that the applicant at the outskirt of Jamnagar, proceeded and completed their remaining journey in one Audi car bearing registration No.GJ 10 BR 3112. It is a matter of fact that during the journey from Jamnagar to Ahmedabad, one of the police constable made calls to the jail Page 2 of 4 HC-NIC Page 2 of 4 Created On Sat Sep 02 13:08:09 IST 2017 R/CR.MA/18174/2017 ORDER superintendent Mr. V.B. Chauhan and conversation indicates that arrangements were made to see that jail entry of co- accused Mr. Jayesh Patel is made and thereafter, said co- accused Mr. Jayesh Patel could go to his residence situated at Kalhar Bungalows, Bopal, Ahmedabad. Further, the investigating agency collected CCTV camera footage of Kalhar Bungalows, wherein, it was found that the applicant and co- accused Mr. Jayesh Patel and other constable Mr. Kalubhai found in Audi car entering Kalhar Bungalows. Not only that, the applicant also visited one showroom, namely Jade Blue and such visit stands established through CCTV footage obtained from the said showroom, namely, Jade Blue. In nutshell, it becomes evident that the applicant and other co- accused, more particularly belonged to the police department, facilitated co-accused Mr. Jayesh Patel, against whom, about 27 offences are registered. It is true that co-accused Mr. Jayesh Patel is enlarged on bail, but looking to the seriousness of the offence, role attributed to the present applicant is more serious than the role attributed to co-accused Mr. Jayesh Patel. The conduct of the applicant is such that the applicant while holding post in the police department, extended unusual and illegal facilities to co-accused Mr. Jayesh Patel, which in Court's considered opinion, cannot be viewed lightly.
6. So far as submissions made by learned advocate Mr. Dave to the effect that he carried out order of his superior and therefore, he may be enlarged on bail is concerned, such submission finds no place in the eye of law, because it is the duty of the applicant to discharge his duty in accordance with law and the applicant must have shown courage at the relevant time to disobey such illegal order issued by his superior officer and therefore, such contention cannot be Page 3 of 4 HC-NIC Page 3 of 4 Created On Sat Sep 02 13:08:09 IST 2017 R/CR.MA/18174/2017 ORDER considered so as to exercise discretionary power in favour of the applicant.
7. Before parting with the order, it appears that the learned Sessions Judge has kept the matter for framing charge today and considering the earlier orders passed by this Court in Criminal Misc. Application No.11611 of 2017, it is hoped that the learned Judge would adhere to the time limit fixed by this Court.
8. Thus, there is no substance in present Criminal Misc. Application and the same stands rejected. Rule discharged.
(S.H.VORA, J.) shekhar Page 4 of 4 HC-NIC Page 4 of 4 Created On Sat Sep 02 13:08:09 IST 2017