CR.MA/12420/2007 1/94 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 12420 of 2007 With CRIMINAL MISC.APPLICATION No. 13756 of 2007 With CRIMINAL MISC.APPLICATION No. 13758 of 2007 With CRIMINAL MISC.APPLICATION No. 13772 of 2007 With CRIMINAL MISC.APPLICATION No. 13774 of 2007 With CRIMINAL MISC.APPLICATION No. 13775 of 2007 With CRIMINAL MISC.APPLICATION No. 13857 of 2007 With CRIMINAL MISC.APPLICATION No. 14091 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? Yes 2 To be referred to the Reporter or not ? Yes 3 Whether their Lordships wish to see the fair copy of the judgment ? No 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? No 5 Whether it is to be circulated to the civil judge? No ========================================================= NARESHBHAI VISHNUBHAI CHAUHAN - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================================= Appearance – Cr.Misc.Appl.No.12420 of 2007: MR B.B.NAIK, FOR MR AJAYKUMAR CHOKSI for Applicant. MR RC KODEKAR, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, Appearance – Cr.Misc.Appl.No.13756 of 2007: MR B.B.NAIK, FOR MR AJAYKUMAR CHOKSI for Applicant MR RC KODEKAR, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, CR.MA/12420/2007 2/94 JUDGMENT Appearance – Cr.Misc.Appl.No.13758 of 2007: MR B.B.NAIK, FOR MR AJAYKUMAR CHOKSI for Applicant MR RC KODEKAR, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, Appearance – Cr.Misc.Appl.No.13772 of 2007: MR S.V.RAJU FOR MR JAYPRAKASH UMET for Applicant MR RC KODEKAR, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, Appearance – Cr.Misc.Appl.No.13774 of 2007: MR B.B.NAIK, FOR MR C.B.UPADHYAYA for Applicant MR RC KODEKAR, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, Appearance – Cr.Misc.Appl.No.13775 of 2007: MR B.B.NAIK, FOR MR AJAYKUMAR CHOKSHI for Applicant MR RC KODEKAR, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, MR MUKUL SINHA FOR COMPLAINANT Appearance – Cr.Misc.Appl.No.13857 of 2007: MR S.V.RAJU FOR MR JAYPRAKASH UMET for Applicant MR RC KODEKAR, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, Appearance – Cr.Misc.Appl.No.14091 of 2007: MR KJ SHETHNA for Applicants MR RC KODEKAR, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 25/09/2008 CAV JUDGMENT 1. Rule. Mr.R.C.Kodekar, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent – State in each of the applications. As all these applications are by the co-accused of complaint being C.R.No.I-5/2005 registered with with ATS Police Station, Ahmedabad and arise out of same offence, they are being disposed of by this common judgment and order. CR.MA/12420/2007 3/94 JUDGMENT 2. Criminal Misc.Application No.12420 of 2007 is filed by the applicant – Nareshbhai Vishnubhai Chauhan – original accused No.13, the then P.S.I. - Anti-Terrorist Squad (ATS), Ahmedabad of complaint being C.R.No.I-5/2005 registered with ATS Police Station, Ahemdabad under Section 439 of the Criminal Procedure Code for releasing him on bail in connection with aforesaid offence. Criminal Misc. Application No.13756 of 2007 is filed by the original accused No.11 – Santram Chandrabhan Sharma, Police Constable -SRP Group – 12, Gandhiangar for releasing him on bail in connection with aforesaid complaint. Criminal Misc.Application No.13758 of 2007 is filed by the original accused No.10 – Ajaykumar Bhagwandas Parmar, Police Constable for releasing him on bail in connection with aforesaid complaint. Criminal Misc.Application No.13772 of 2007 is filed by the original accused No.2– CR.MA/12420/2007 4/94 JUDGMENT Rajkumar Pandian, S.P. for releasing him on bail in connection with aforesaid complaint. Criminal Misc.Application No.13774 of 2007 is filed by the original accused No.6 – Balkishan Rajendraprasad Choubey, Police Inspector, SRP Group – 9, Vadodara for releasing him on bail in connection with aforesaid complaint. Criminal Misc.Application No.13775 of 2007 is filed by the original accused No.1 – Dahyaji Gobarji Vanzara, DIG (main conspirator) for releasing him on bail in connection with aforesaid complaint.. Criminal Misc.Application No.13857 of 2007 is filed by the two co-accused original Accused No.8 and 9 – Himanshusingh Mohansingh Rajawat and Shyamsingh Jaisingh Charan, both PSI, belonging to Rajasthan Police for releasing them on bail in connection with aforesaid complaint. Criminal Misc.Application No.14091 of 2007 is filed by the original accused No.5 – Naransinh Harisinh Dabhi, Police Inspector for CR.MA/12420/2007 5/94 JUDGMENT releasing him on bail in connection with aforesaid complaint. 3. Heard Mr.K.J.Shethna, learned Advocate appearing for original accused No.5- Naransinh Harisinh Dabhi in Criminal Misc.Application No.14091/2007; Mr.B.B.Naik, learned Advocate appearing for accused No.13 – Nareshbhai Vishubhai Chauhan, accused No.1- Dahayji Gobarji Vanzara, accused No.6- Balkishan Rajendraprasad Choubey, accused No.10-Ajaykumar Bhagwandas Parmar and accused No.11- Santram Chandrabhan Sharma – applicants of Criminal Misc.Application Nos.12420/2007; 13775/2007; 13774/07; 13758/07 and 13756/2007, Mr.S.V.Raju, learned Advocate appearing for original accused No.2- Rajkumar Pandian, S.P., original accused No.8- Himanshusingh Mohansingh Rajawat and original accused No.9- Shyamsingh Jaisingh Charan, applicants of Criminal Misc.Application Nos.13772/07 and 13857/07, and Mr.R.C.Kodekar, learned Additional Public Prosecutor appearing on CR.MA/12420/2007 6/94 JUDGMENT behalf of the respondent - State. 4. Background of the facts and chronological events which are very important for deciding bail applications are as under:- 4.1 One Abdul Rahman, now accused No.7- Police Inspector of Pratapnagar Police Station, District – Udaipur, Rajasthan alleged to be member of Special Investigating Party formed at Udaipur, Rajasthan to investigate against various offences registered against Sorabuddin lodged complaint being C.R.No.5-/2005 with ATS Police Station, Ahmedabad on 26.11.2005. As per above FIR, said Sohrabuddin son of Ahwaruddin Shaikh, resident of Zaraniya, Nagda, Madhya Pradesh, who was accused of offences punishable under Sections 120(b), 121,121-A, 122, 123, 307, 186, 224 of the IPC; under Section 25(1)(b) and Section 27 of the Arms Act and under Section 13(1) of the Bombay Police Act. It was further stated in the FIR that above accused Sohrabuddin was acting at the CR.MA/12420/2007 7/94 JUDGMENT behest of ISI to spread terror and disturb the unity and integrity of the country and also entered into conspiracy by possessing arms and ammunition so as to kill big leaders of the State of Gujarat. Investigating team got secret information that said Sorabuddin was to visit Ahmedabad and was to pass near Vishala circle, Ahmedabad and therefore, all of them were on duty near Vishala Circle and at that time, said Sorabuddin came on motorcycle and when asked to surrender by the police party, fired from revolver and attempted to kill them and in return one Abdul Rehman, PI, fired two rounds from service pistol; Shyam Singh, Sub-Inspector (also one of the accused now) fired one round; one Himanshu Singh, Sub-Inspector firmed two rounds; Mr.Dabhi, PI fired one round from his service revolver on the body of the said Sorabuddin and thereafter, he was taken to Civil Hospital, Ahmedabad where he was declared as dead. It is required to be noted that even as per the said FIR, near Vishala Circle at the time of incident CR.MA/12420/2007 8/94 JUDGMENT following Police Officers of ATS and other Officers were present (1) D.G.Vanjara (2) Rajkumar Pandian (3) Dinesh M.N. (4) M.L.Parmar (5) N.H.Dabhi (6) B.R.Chaube (7) Abdul Raheman (8) Himanshu Singh (9) Shyamsingh (10) Ajay Parmar (11) Santram Sharma. 4.2. One Rubabuddin Shaikh, brother of Sohrabuddin, addressed letter in December, 2005 to Hon'ble the Chief Justice of India, Supreme Court of India complaining about killing of his brother in fake encounter and disappearance of sister-in-law – Kausarbi at the hands of Anti- Terrorist Squad (ATS) and Special Task Force (STF). It was alleged that while his brother and Sister-in-law were travelling in a bus from Hyderabad to Sangli, squad comprising ATS and STF team stopped the bus and picked them in the night of 21-22/11/2005 and four days later i.e. 26.11.2005 Sohrabuddin was killed in fake encounter and there was no trace of his sister- in-law. Said Rubabuddin prayed for registration CR.MA/12420/2007 9/94 JUDGMENT of offence and investigation in the matter. It appears that taking note of the said letter, Hon'ble Supreme Court forwarded the letter to the DGP, Gujarat for further enquiry and action. Thereafter, enquiry was conducted by CID(Crimes) and statements of various witnesses came to be recorded. During said enquiry, one Tulsiram a close associate of his brother was killed in an encounter at Banaskantha on 28.12.2006. Later on, Rubabuddin Shaikh, brother of Sohrabuddin filed petition before the Hon'ble Supreme Court which was registered as Writ Petition (Criminal) No.6 of 2007 for an appropriate order of registration of offence and investigation by the CBI team into abduction and fake encounter of his brother Sohrabuddin and disappearance of his wife Kausarbi. It was also prayed for an appropriate order to register the offence and investigation by the CBI into the subsequent fake encounter of Tulsiram a close associate of Sohrabuddin. It was the case of Rubabuddin in the said petition that Tulsiram was used by ATS to trace CR.MA/12420/2007 10/94 JUDGMENT whereabouts of Sohrabuddin and Mr.D.G.Vanzara, who was heading the ATS, Gujarat at the time of killing of Sohrabuddin and disappearance of Ms.Kausarbi was transferred as DIG Border Range, Kutch and Banaskantha District and he also played active role in killing of Tulsiram. One Vipul Agarwal, SP who was working under Mr.Vanzara was used to kill Tulsiram. As per Rubabuddin, one Rajkumar Pandian, SP, ATS also played active role in killing of Sohrabuddin, who was present at the relevant day. Therefore, said Rubabuddin prayed for CBI investigation. Pursuant to the directions issued by the Hon'ble Supreme Court from time to time, Investigating Agency of the State of Gujarat carried investigation. During the course of investigation, Inquiry being Inquiry No.66 of 2006 was instituted by the CID (Crimes), Gujarat State and role of various high ranking superior officers in Police Department i.e. ATS and STF were surfaced in the statements of the witnesses. Considering material which had come on record, DGP ordered further enquiry under Section 173(8) CR.MA/12420/2007 11/94 JUDGMENT of the Code on 06.03.2007. Accordingly, learned Metropolitan Magistrate was informed. Statement of various witnesses came to be recorded during investigation, preliminary inquiry and further investigation. After conclusion of inquiry, it was found by the Investigating agency that death of Sohrabudin and subsequent death of Kausarbi was a result of fake encounter carried out by the applicants herein & other accused the then Officers of ATS and STF of Gujarat State, superior IPS Officers of State of Gujarat and State of Rajasthan. During the course of proceedings before the Hon'ble Supreme Court and further investigation carried out by the Special Investigation Team constituted pursuant to the order passed by the Hon'ble Supreme Court subsequently it was found that Kasurebi wife of Sohrabuddin was killed and done to death and her dead body was disposed of at village – Illol, District Sabarkantha as she was eye-witness to the entire incident right from killing / taking said Sohrabuddin from Hyderabad to Ahmedabad and CR.MA/12420/2007 12/94 JUDGMENT killing him. All the aforesaid officers – applicants herein came to be arrested and they approached learned City Sessions Judge, Ahmedabad for releasing them on bail under Section 439 of the Criminal Procedure Code. All those Officers were arrested and applicant – original accused No.13 is one of the Police Officer belonging to State of Gujarat. 4.3. Name of one Dr.Narendra K.Amin came to be surfaced in the statement of some witnesses and his presence was established at the time of cremation of dead body of Kausarbi near village – Ilol. He apprehended his arrest and therefore, he approached learned trial Court for anticipatory bail which was granted by the learned City and Sessions Judge, Ahmedabad which came to be subsequently cancelled by the Hon'ble Supreme Court and accordingly said Dr.Amin, high ranking Police Officer, State of Gujarat came to be arrested. One Dinesh M.N., S.P., Udaipur a high ranking Police Officer of State of Rajasthan also CR.MA/12420/2007 13/94 JUDGMENT came to be arrested in connection with the aforesaid case. He applied for regular bail before the learned trial Court and the learned City and Sessions Judge, enlarged him on bail which came to be cancelled by this Court, which further came to be confirmed by the Hon'ble Supreme Court. Similarly after arrest, Dr.Amin also applied for regular bail and said City and Sessions Judge, enlarged him on bail which came to be subsequently cancelled by this Court, which was confirmed by the Hon'ble Supreme Court vide judgement and order dated 28.04.2008 reported in the case of Dinesh M.N. (S.P.) v/s. State of Gujarat (2008 AIR SCW 3677) and in the case of Dr.Narendra K.Amin v/s. State of Gujarat & Anr. (2008 AIR SCW 3268). 4.4. It is to be noted that present applications were filed by the respective applicants somewhere in October, 2007 and thereafter, present applications came to be adjourned from time to time. The applications CR.MA/12420/2007 14/94 JUDGMENT are filed in the month of October, 2007 and same is being adjourned from time to time, therefore, pointed question was asked to the learned Advocates appearing on behalf of the respective applicants that applications were being adjourned at the request of the learned Advocates appearing on behalf of the applicants and whether they were not interested to proceed with the applications and/or bail, to that the learned Advocate appearing on behalf of the applicants have submitted that they were waiting for decision of the Hon'ble Supreme Court in the case of Dr.Narendra K.Amin(supra) and Dinesh M.N. (supra). Now as Hon'ble Supreme Court has confirmed the orders passed by the learned Single Judge of this Court cancelling bail granted in favour of Dr.Narendra K.Amin and Dinesh M.N. (other co-accused), the applicants have now turned around and they come out with a case that they are not claiming parity. Aforesaid aspect will be dealt with herein after. However, charge- sheet is already filed against the applicants and CR.MA/12420/2007 15/94 JUDGMENT other co-accused. 5. Prosecution case as narrated in the charge-sheet against the applicants and other co- accused is as under :- Chargesheet FIR No.5/2005 Date : 26.11.2005 Column No.5. “The facts, in this case are that the Assistant Registrar (PIL Cell), Supreme Court of India, New Delhi had vide his letter No.277/4/SC/PIL/2006 dated 21.01.2006 written a letter to the Director General of Police and Chief Police Officer, Gujarat State Gandhinagar for sending a report after making investigation in the matter of application by Rubabuddin Shaikh. The application of Rubabuddin Shaikh residing at Zarnia, Taluka Nagda, District Ujjain was attached. In the said application, the allegations were made that A.T.S. Gujarat and S.T.F. Rajasthan have killed his brother Sohrabuddin in fake encounter and missing his bhabhi (brother's wife) Kausharbi. The application of Jaibunisha Anveruddin Shaikh residing at Zarnia, alleging aforesaid CR.MA/12420/2007 16/94 JUDGMENT allegations, was also attached herewith. The Director General of Police and Chief Police Officer, Gujarat State, forwarded along with his order No. G-2/1927/M-A/39-05/1584/06 dated 07/06/2006, to the Additional Director General of Police, C.I.D. Crime & Railways, Gujarat State Gandhinagar for investigation. The said investigation being Preliminary Investigation No. 66/06 was assigned to the Deputy Superintendent of Police C.I.D. Crime, Ahmedabad Zone by its letter No. T.3A/PI/289/06 dated 27/06/06. This investigation was carried out by Deputy Police Inspector Shri V.L.Solanki, Ahmedabad City unit, C.I.D. Crime. On finding truthfulness in the allegation made by the applicant made by the applicant Rubabuddin Shaikh in the application and in the meantime Rubabuddin Shaikh, resident of Zarnia, filed a Writ Petition (Cri.) No. 6/07, on date 22/01/2007 and previously an offence being A.T.S. 5/05 was registered on 26/11/2005 and further a Dy. Police Superintendent Shri M.L. Parmar, A.T.S. Was investigating the matter, 'A' category was given and the abetted summary was granted. The Director General of Police and Chief Police Officer, Gujarat State ordered, vide their letter No. PS/Investigation/13/07 dated 06/03/07. The Additional Director General of Police, C.I.D. CR.MA/12420/2007 17/94 JUDGMENT Crime and Railways to further investigation under Section 173(8) of Criminal Procedure Code. The Additional Director of Police, C.I.D. Crime assigned further investigation of the said offence to Shri Rajnishkumar Rai, D.I.G.P. C.I.D. Crime. So an investigation was carried out after obtaining permission of the Hon'ble Court and hence the offences under Section 302, 364, 365, 368, 193, 197, 201, 120-B, 409, 471, 34 of Indian Penal Code and Section 25(1)A B, 27 of the Arms Act are committed, that; The accused mentioned in column No.1 wherin No.(1) D.G.Vanjara, himself being D.I.G. A.T.S. Ahmedabad in association with No.(2) Rajkumar Pandian S.P. A.T.S. No.(3) Dinesh M.N., S.P. Udaipur brought Sohrabuddin Shaikh, who was wanted by for the offences registered with Navrangpura Police Station, Ahmedabad and Hathpol Police Station, Udaipur City, Rajasthan, to Ahmedabad and killed him under the pretext of encounter by conspiracy of Sohrabuddin's murder with common intent to receive promotion and publicity. No.(4) M.L.Parmar Deputy Police Officer A.T.S., No.(5) N.H.Dabhi Police Inspector, A.T.S., No.(6) B.R. Chaube P.S.I. A.T.S. No.(7) P.I. Abdul Raheman, Pratapnagar Police Station Udaipur, No.(8) CR.MA/12420/2007 18/94 JUDGMENT Himanshusing, P.S.I. Kheroda Police Station Udaipur, No.(9) Shyamsing P.S.I. Saira Police Station, Udaipur No.(10) Ajay Parmar, Police Constable A.T.S. No.(11) Santram Sharma Police Constable A.T.S. Were involved in the conspiracy. With an intent to proceed further with this conspiracy, No.(1) had specific information about Sohrabuddin being at Hyderabad. He sent, on date 20/11/2005, No. (2) and other team persons No.(5), (10) & (11) with the witness No.(163) driver Gurudayalsing A.T.S. And the witness No. (165) driver Nathubha Jadeja in a private Qualis Jeep No. GJ-25 – A-7007 of the witness No.(68) to Hyderabad and No.(2) was sent, on 21/11/05, by aeroplane to Hyderabad. No.(5), (10) and (11) with the witnesses No.(163) & (165) reached Hyderabad in the evening on dated 21.11.2005 and stayed at the mess for Senior Police Officer and CRPF at night. There being specific information about Sohrabudin being in Hyderabad with Kausharbi and another male whose name might be Kalimuddin who, on information, were to sit on the Seat Nos.29, 30, 31 of the bus KA-05-AF-5051 of M.J.Travels for going on date 22.11.2005 from Hyderabad to Sangli. In order to implement a plan to CR.MA/12420/2007 19/94 JUDGMENT carry him to Ahmedabad, the seven Police Officers staff were kept in assistance from Hyderabad in two TATA Sumo Jeeps No.(2) ordered No.(10) to come to Ahmedabad from Hyderabad by air on his ticket and he with No. (5) & (11) sat in the Qualis Car, by fixing false number plate, brought from Ahmedabad and also sent Andra Pradesh Police, in evening on date 22.11.2005, in the two TATA Sumo cars and followed the luxury bus as per the information. Then the bus under target was encircled near tandole at a distance of about 180 Kms from Hyderabad at about 01.30 O'clock at midnight on date 23.11.2005. The traffic was stopped by both the TATA Sumo with loneliness in order to carry the three persons sitting in the bus. According to the plan, Sohrabuddin Shaikh, Kausharbi and the third male co-traveller were made to get down and to sit in the Qualis and started for Ahmedabad by abducting with a intent to kill. Kausharbi was transferred in Sumo Car on the way and both the male persons were brought at Koba Circle near Ahmedabad with No.(2) & No.(5) on date 24.11.2005 in Qualis. No.(4) & No.(6) were present with Fronty Car at Koba Circle from beginning who had managed to hide the abductors in 'Disha Farm house' near Adalaj. The qualis car were taken by piloting to the premises of Disha Far House and both CR.MA/12420/2007 20/94 JUDGMENT the abductors were hidden. Thereafter, the other male person was removed from the premises. Kausharbi, who was brought in Sumo Car, was hidden with Shorabbudin in Disha Farm. No.(10), who had air ticket in the name of No.(2) for date 24.11.2005 went to Hyderabad Airport on 23.11.2005 and paid necessary fee for air traveling to Ahmedabad on date 23.11.2005 in the declaration form in the name of 'Rajkumar Pandian' as the ticket was in the name of No.(2), and made fabricated signature of No.(2) and prepared bogus certificate- declaration form and produced as real one before Hyderabad Airport Authority and returned to Ahmedabad by Air India flight in the night on date 23.11.2005. As per pre-planned conspiracy, Shourabbuddin came in the custody of A.T.S. No.(3), (7), (8), (9) arrived from Udaipur Rajasthan in the evening on date 24.11.2005 at A.T.S., Ahmedabad and discussed with associates in the office of No.(1). Again the meetings were held on date 25.11.2005. At first plan for killing for Shourabbuddin was finalised. No.(1), (2), (3), (5), (7), (8) and (9) reached near Narol circle, Ahmedabad in early CR.MA/12420/2007 21/94 JUDGMENT morning on dated 26.11.2005. No.(5). Telephoned to A.T.S. where No.(10) was present from beginning, who had kept one Hero Honda motor cycle well in advance at A.T.S. for showing the same in the incident as per plan, and was asked to come with motor cycle at Narol circle, so No.(10) reached with motor cycle at Narol circle. Then Nos.(1), (2), (3), (5), (7), (8), (9), (10) & (11) came near G.E.B. main feeder towards Vishala circle on high way road. In the meantime No.(4) & (6) with the witness No.(165) brought Sohrabuddin who was hidden in Disha Farm House. At that time No. (10) started the Hero Honda motor cycle which was brought from A.T.S. and jumped after applying the break and turned to lie down the motor cycle and No.(6) pulled out Sohrabuddin from the Fronty car and at the same time No. (7) shot two fires, No.(8) shot two fires, No.(9) shot one fire and No.(5) shot three rounds of fire from their arms. Sohrabuddin was injured and fell down in bleeding condition and the motor cycle brought from A.T.S., one revolver - cartridge, a railway ticket from Surat to Ahmedabad and Rs.46,000/- were placed in false evidences whereby fake evidences were concocted. No. (1) told to take Sohrabuddin to the Civil CR.MA/12420/2007 22/94 JUDGMENT Hospital and No.(5) & (10) took him to the Civil Hospital where the Medical Officer witness No. (123) declared Sohrabuddin to be dead. The culprits returned to A.T.S. Office from the place of incident. According to the pre-planned conspiracy, a fabricated story was made out regarding murder of Sohrabuddin and No.(7) got registered a FIR at 8 O'Clock on date 26/11/05 in A.T.S. Police Station. No. (1) called upon a press conference and appropriate publicity was made in newspaper and before electronic medias. In this offences No.(5), as per the instruction to him, got prepared fake number plates of Qualis car on the way to Hyderabad and at Hyderabad and affixed on the Qualis car and with No.(2) and others abducted Sohrabuddin, Kausharbi and a third male person from luxury bus and brought to Ahmedabad and hid solitarily in Disha Farm House thereby committed an offence and No. (2) & No.(10) showed false reason of a visit to Hyderabad, and No.(5) & No.(11), though went to Hyderabad, did not make any valid note on record in this respect whereby have committed an act of concealing an offence under the conspiracy. CR.MA/12420/2007 23/94 JUDGMENT Thus the accused have, with an intent to kill Sohrabuddin, abducted as detailed above and hid at a solitary place and thereby committed an act of Sohrabuddin's murder with common intention in conspiracy. Thereafter the abducted Kausharbi, resident of Zarnia was confined in Disha Farm House and the Court Commission was to visit on date 26/11/2005 at Disha Farm House. The A.T.S. officers and other persons took Kausharbi, in Fronty car, at about nine O'clock on that day from Disha Farm House and hid her at some other place. This Kausharbi, hidden at a solitary place, become an awful and big problem and all were under confusion as to what to do? If Kausharbi is relieved, the fact of fake encounter would be disclosed which might create much difficulties. No.(1), (2), (4), (6) & (12) etc. planned second conspiracy, with common intention, to displace the third person during murder of Sohrabuddin and then to kill Kausharbi secretly and to set her dead body at fire at an awkward night-time at a remote lonely place in the sim of village Ellol, the native of No.(1) so that no problem might arise. CR.MA/12420/2007