Gujarat High Court
Vaghela Anirudhsinh Nathaji @ Nashubha ... vs State Of Gujarat on 22 September, 2020
Equivalent citations: AIRONLINE 2020 GUJ 1420
Author: Gita Gopi
Bench: Gita Gopi
R/CR.MA/5242/2020 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5242 of 2020
With
R/CRIMINAL MISC.APPLICATION NO. 5232 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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VAGHELA ANIRUDHSINH NATHAJI @ NASHUBHA @ NARSANGJI
Versus
STATE OF GUJARAT
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Appearance:
MR NAVIN PAHWA, SR. ADVOCATE FOR THAKKAR AND PAHWA
ADVOCATES(1357) for the Applicant(s) No. 1,10,2,3,4,5,6,7,8,9
MR BH KHER(6027) for the Respondent(s) No. 1
MR VIRAT G POPAT(3710) for the Respondent(s) No. 1
MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE GITA GOPI
Date : 22/09/2020
ORAL JUDGMENT
1. RULE. Learned advocates waive service of notice of rule on Page 1 of 8 Downloaded on : Wed Sep 23 00:00:24 IST 2020 R/CR.MA/5242/2020 JUDGMENT behalf of the respective respondents. Both these applications arise out of one and the same incident and hence, they are disposed of by this common order.
2. Criminal Misc. Application No.5242 of 2020 has been preferred under section 438 of the Code for anticipatory bail in connection with the same complaint being C.R. No.I-49 of 2019 registered with Sami Police Station for offences punishable under sections 147, 148, 149, 302, 307, 326, 325, 324, 323, 337, 427, 504, 294(b) and 34 of IPC and section 135 of the Gujarat Police Act;
2.1 Criminal Misc. Application No.5232 of 2020 has also been preferred under section 438 of the Code for anticipatory bail in connection with the complaint being C.R. No.I-50 of 2010 registered with Sami Police Station for offences punishable under sections 147, 148, 149, 307, 332, 353, 189, 324, 323, 337 and 294(b) of IPC and section 135 of the Gujarat Police Act.
3. In Criminal Misc. Application No.5242 of 2020 : Mr. Navin Pahwa, learned Senior Advocate appearing on behalf of the applicants in both the matters, submitted that the applicants in this case were part of the mob but none of them had played any major role in the alleged incident. It was submitted that the alleged incident was a free-fight between two groups and the alleged incident had taken place in the heat of the moment. None of the applicants herein have been named as accused in the complaint and neither of them had caused any injury/s to the deceased. Further, all the injured have been discharged from the hospital.
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4. In Criminal Misc. Application No.5232 of 2020 : It was submitted by the learned Senior Advocate that police had used tear-gas to disperse the mob and therefore, it was not possible for the police to identify the members of the mob. The complaint in this case has been filed against 200 unknow persons. It was submitted that the accused persons from the side of the complainant of C.R. No.I-49/2019 have been released on bail in connection with the police complaint. The attention of the Court was drawn to the observations made by this Court in the order granting bail to submit that the injuries sustained by the victim are simple in nature. Hence, no ingredients of the offence under section 307 IPC are attracted against the applicant. Further, the applicants have no criminal antecedents. It was further submitted that the accused in the complaint being C.R. No.I-51 of 2019 have also been enlarged on bail. It was contended that the MLCs issued are false since the injured do not support the injuries allegedly caused by the applicants and though the incident was of 28.10.2019, the statements of the injured witnesses were recorded only on 17.12.2019, which suggests that the applicants have been falsely implicated in the alleged offence. It was, accordingly, urged that the applications may be allowed and the applicants in both the cases may be released on bail.
5. Mr. Pranav Trivedi, learned Additional Public Prosecutor, appearing in both the matters referred to the averments made in both the complaints to point out the role played by each of the accused persons. It was submitted that the statements of the eye-witnesses prove the involvement of the accused persons in Page 3 of 8 Downloaded on : Wed Sep 23 00:00:24 IST 2020 R/CR.MA/5242/2020 JUDGMENT the alleged crime. The weapons used in the commission of the alleged crime have been recovered. The applicants were the real aggressors and the deceased died on account of the grievous injuries sustained by him in the alleged incident. It was, accordingly, urged that no discretion may be exercised in favour of the applicants in both the matters.
6. Mr. Virat Popat, learned advocate appearing for the original complainant, adopted the submissions advanced by the learned Additional Public Prosecutor and vehemently opposed the grant of these applications.
7. Heard learned advocates on both the sides and perused the documents on record. A plain reading of both the complaints reveal that on 28.10.2019, at around 1000 hrs., a quarrel had taken place between the children of members of the community. It is alleged that all the accused named in the complaints, along with the applicants herein, went to the place of incident with deadly weapons like sword, sickle, stick, etc. and assaulted Karmanbhai @ Kamabhai Govabhai Nadoda (Dabhi) and other witnesses. The assailants also damaged vehicles. In the said incident, Karmanbhai sustained severe bodily injuries and ultimately, passed away. Hence, complaint being C.R. No. I-49 of 2019 was registered with Sami Police Station. From the side of the applicants, a complaint was also lodged, which came to be registered as C.R. No.I-51 of 2019 with the same police station.
7.1 It appears that one more complaint being C.R. No.I-50 of 2019 was lodged in connection with the same incident, which was by the police. In the said complaint, it has been averred that Page 4 of 8 Downloaded on : Wed Sep 23 00:00:24 IST 2020 R/CR.MA/5242/2020 JUDGMENT on the Hindu new year day, while the complainant was on patrolling duty in Sami town, a message was received asking all the police staff to immediately reach Bajpa Village. Therefore, the complainant and other police personnel rushed to the place. On reaching the place, they noticed two groups, all armed with deadly weapons, hurling abuses at each other. One unidentified woman informed that members from the 'darbar' community were being assaulted at a particular place. Therefore, the crowd consisting of 'darbars' ran towards the place. The complainant and other police personnel proceeded to the area near Ashapura Mataji Temple. On reaching the place, they noticed that both the groups were attacking each other. The mob was uncontrollable. The police urged them to get dispersed, however, no one paid any heed to the instructions of the police. The members of the group hurled abuses at the police and attacked with their weapons. In order to control the mob, the police issued warnings but the mob was uncontrollable. Therefore, reinforcement was called. With the use of force and tear-gas shells, the mob could be separated. During that time, the members of the mob hurled stones at the police, in which the complainant and Dy.S.P. - P.P. Zala got injured.
8. In Criminal Misc. Application No.5242 of 2020 : The applicants herein are alleged to have inflicted injuries on the witnesses but the MLCs do not disclose their names. The injuries caused are because of the clash between the groups. The injured have been discharged from the hospital. Cross-complaints have been filed and accused persons, who have played similar roles, have been enlarged on bail.
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9. In Criminal Misc. Application No.5232 of 2020 : The police has tried to control the mob using tear-gas and extra armed force. Members from both the groups have been arraigned as accused. The complainant-police and Dy.S.P. have not sustained any major injuries.
10. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Ors., reported at [2011] 1 SCC 694, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, reported at (1980) 2 SCC 565.
11. Taking into consideration the facts of the case, nature of allegations and the gravity of offence, this Court is inclined to grant anticipatory bail to the applicants. In the result, both the applications are allowed. The applicants are ordered to be released on bail in the event of their arrest in connection with the complaints being C.R. No.I-49 of 2019 and C.R. No.I-50 of 2019 registered with Sami Police Station on executing personal bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with one surety of like amount by each of the applicants and on the following conditions:
(a) shall cooperate with the investigation and make themselves available for interrogation whenever required;
(b) shall remain present at concerned Police Station on 06.10.2020 between 11.00 a.m. and 2.00 p.m.;
(c) shall not directly or indirectly make any inducement, Page 6 of 8 Downloaded on : Wed Sep 23 00:00:24 IST 2020 R/CR.MA/5242/2020 JUDGMENT threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
(e) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change his residence till the final disposal of the case till further orders;
(f) shall not leave India without the permission of the concerned trial court and if having passport shall deposit the same before the concerned trial court within a week; and
12. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate for police remand of the applicants. The applicants shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if, ultimately, granted, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicants, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order.
13. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in Page 7 of 8 Downloaded on : Wed Sep 23 00:00:24 IST 2020 R/CR.MA/5242/2020 JUDGMENT the present order. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.
(GITA GOPI,J) Pallavi Page 8 of 8 Downloaded on : Wed Sep 23 00:00:24 IST 2020