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“..At that time I saw that Dhama Ghela Koli, Devendrsinh alias Lalubha Ghelubha Vaghela, Vishan Hira Koli, Bharat Mamu Koli, Dilip Mamu Koli, Ramshi Hira Koli, Pravin Hira Koli, Bhaghubha Hasubha Vaghela, Mohansang Umedasng Vaghela and Vanraj Karsan Koli and Dinesh Karsan Koli all come with weapons Pistol, Dhariya, Knife from the thorny fence nearby, in which Dhama Gela Koli and Devendrasinh alias Lalubha Gelubha Vaghela and Visan Hira Koli and Bharat Mamu Koli had fired rounds from Rifles in their hand targeting Akhabhai and others at that time. Akhabhai Jeshangbhai Umat my Brother Pethabhai Bhavanbhai Rathod and Amara Jeshang Umat and Lalji Akhabhai Umat and Vela Panchabhai Umat injured due to firing and laying on land and that time Lakha Hira Koli's Wife, Kanji Bijal Koli's Wife Lakhman Bijal Koli's Wife and Dhama Ghela Koli's Wife and Vishan Hira Koli's Wife also come there, their name is I do not know, and Visan Hira Kofi talk with Akhabhai that why you are cultivating my father and grand father's land that is our land we also said before that this land you do not cultivate so today your life is over. This was said by Visan Hira Koli and thereafter Dilip Mamu Koli, Ramshi Hira Kofi, Bhaghubha Hasubha Vaghela Mohansang Umedsang Vaghela and Prabhu Ghela Koli, with Dhariya in their hands and in the hands Pravin Hira Koli, Siddhrajsinh Bhaghubha Vaghela, Kheta Parbat Koli, Vanraj Karsan Koli, and Dinesh Karsan Kofi with Lathi (Wooden Stick) and all together assaulted blindly with Dhariya & Lathi over the head and body of Akhabhai Jeshangbhai Umat and my brother Pethabhai Bhavanbhai Rathod and Amara Jeshang Umat and Lalji Akhabhai Umat and Vela Panchabhai Umat and those people when assaulted that time all five are shouting "save save" but those people are in large gathering so I cannot go near so I cannot save those five those because they will kill me so I ran away from and I go to my Village…” 3 The incident resulted in the death of five persons. Among the twenty-two accused are Vishan Heera Koli (A-6), Pravin Heera Koli (A-10), Sidhdhrajsinh Bhagubha Vaghela (A-13), Kheta Parbat Koli (A-15), Vanraj Karshan Koli (A-16) and Dinesh Karshan Akhiyani (Koli) (A-17). The post-mortem was conducted on 10 May 2020. A panchnama is alleged to have been conducted at the scene of offence on the next day, i.e. on 10 May 2020, resulting in the recovery of, inter alia, two country made guns, two indigenous counterfeit guns, four dhariyas and one wooden stick.
“..We have decide to kill Akhabhai hence I myself along with my Brother Lakhbhai Hira Koli, Dinesh Karshan Koli, and Lalubha Ghelubha Vaghela sat in Ritz Car and proceeded towards Bhimasar at the time I was driving the said Car and I tried to dash the said Car with Akhabhai and tried to kill him. But Akhabhai ran away nearby and we came to our field (Wadi) There after around 12'0 Clock noon Akhabhai ring me on my mobile phone and said that why you have tried to dashed by car of Lalubha. I have given false reply that I am sitting on my field (Wadi) I am not involved. Akhabhai told me we are coming to you field (Wadi) for quarrel be ready for quarrel at that time I myself along with my brother Lakha Hira Koli, Ramsi Koli, Pravin, Dhama Gela Koli, Devendrasinh , Iliyas Lalubha Vaghela, Bharat Mamu Koli, Dilip Mamu Koli, Bhagubha Hansubha Vaghela, and his son Monsang Umedsang Vaghela, Prabhu Gela Koli, Kheta Parbar Koli, Vanraj Karshan Koli, Dinesh Darshan Koli were present their I have told this fact to them that Jeseng Umat along with his men are coming at our wadi for quarreling with us so we all armed with weapons we came near by our field's boundary and we all are become ready for quarrel and sat nearby Lakhman Bijal's field and that time white color jeep came that at about place near about wadi Ramesh Bhavan Rathod come down for jeep along with dhariya in his hand, Akhabhai came down with his gun, Akhabhai abused me “I have pride to save" at that time Ramesh Bhavan Rathod given blow with dhariya I have tried to save myself and I have lifted up my left hand so dhariya blow caused injury in my left hand I have fallen down on earth and blood coming out for my left hand at the time Akhabhai given blow of gun on my brother namely Ramsi on his hand- at that time Akha son Lalji - Amra Jeseng Umat - Vela Pancha Umat - Petha Bhavan Rathod -
              Vishan Heera Koli                        - Accused no.6
              Pravin Heera Koli                        - Accused no.10
              Sidhdhrajsinh Bhagubha Vaghela           - Accused no.13
              Kheta Parbat Koli                        - Accused no.15
              Vanraj Karshan Koli                      - Accused no.16
              Dinesh Karshan Akhiyani (Koli)           - Accused no.17




7        The orders passed by the High Court granting bail to the above persons are

tabulated below:

Sl No.     Name of the accused                   Accused No.        Date of order

1          Vishan Heera Koli                     6                  21 December 2020

2          Pravin Heera Koli                     10                 21 December 2020

3          Sidhdhrajsinh Bhagubha Vaghela        13                 22 October 2020

4          Kheta Parbat Koli                     15                 21 December 2020

5          Vanraj Karshan Koli                   16                 19 January 2021

6          Dinesh Karshan Akhiyani (Koli)        17                 20 January 2021



41 For the reasons which we have indicated above, we have come to the conclusion that the orders granting bail to the respondent-accused Vishan Heera Koli (A-6), Pravin Heera Koli (A-10), Sidhdhrajsinh Bhagubha Vaghela (A-13), Kheta Parbat Koli (A-15), Vanraj Karshan Koli (A-16) and Dinesh Karshan Akhiyani (Koli) (A-17) suffer from a clear perversity. We accordingly allow these appeals and set aside the following orders of the High Court:

Sl No. Name of the accused Accused Date of order by SLP No. the High Court No. 1 Vishan Heera Koli 6 21 December 2020 790 of 2021 2 Pravin Heera Koli 10 21 December 2020 1246-47 of 2021 3 Sidhdhrajsinh Bhagubha 13 22 October 2020 1249 of 2021 Vaghela 4 Kheta Parbat Koli 15 21 December 2020 1246-47 of 2021 5 Vanraj Karshan Koli 16 19 January 2021 1248 of 2021 6 Dinesh Karshan Akhiyani 17 20 January 2021 1245 of 2021 (Koli)