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Documents citing Jayendrasingh Anirudhsingh Jadeja vs Gujarat State Machine Tools ... on 7 April, 2000

Bhavesh Arvindbhai Patel vs State Of Gujarat on 16 July, 2002

9. Under the circumstances, I am of the considered opinion that the judgment of the Hon'ble Supreme Court in the case of Anirudhsinh Jadeja (supra) will have no application to the facts of this case, more particularly when the accused is charged with serious offences like Sections 153A, 295, 198 and 427 I. P. Code and Section 3 of the Explosive Substances Act. If it was a simple case of mischief then perhaps this Court would have taken liberal view of the matter, but the alleged act of the petitioner accused was gruesome. Such acts spoiled the communal harmony prevailing between the communities. The situation would have been worsen if the other side reacted in the matter. These type of incidents are responsible for communal riots spread out in the State at a large scale which continued for months together. Therefore, I am of the considered opinion that discretion should not be exercised in favour of such person. Court can consider the case of the accused who has assaulted the individual, but not of those accused who have indulged in this type of heinous act of bomb blasting on a pious religious place like mosque.
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