Gobarbhai Naranbhai Singala vs State Of Gujarat & Ors

5. The facts in brief culminating into filing of these appeals are narrated below.

6. That, on 9th February, 2004 the complainant Jayeshbhai [appellant in 1st case] along with Nilesh Rayani and Ramjibhai Markana had allegedly gone to hostel. While coming back, they were followed by a car, which overtook Jayeshbhais vehicle driven by Ramjibhai. When they reached near Central Talkies at about 8.15 p.m., three persons, namely Jairajsinh Jadeja, Amarjit Singh and Bhagat came out of the car and allegedly fired at the Jayeshbhais car. The said fire hit the glass of the car. Jayeshbhai was hit by the shattered pieces of glass. Ramjibhai, who was driving the car at that point of time, to save himself, came out of the vehicle and tried to run away. But finding that there was another car which was following them, he again entered the vehicle. Meanwhile, the deceased Nilesh started driving the vehicle. The respondent-Jayrajsinh Jadeja again fired which hit Nilesh Rayani. The car went out of control and hit another car and thereafter side railing on the road. The appellant and Ramjibhai ran away from the scene and, while running, they saw that the Nilesh Rayani was being beaten by other persons. Nilesh died on the spot. The appellant came to his house where Vinubhai Singala and others were present. Appellant thereafter narrated the story to Vinubhai Singala and then they went to meet Ramjibhai, who was hiding in the Town hall out of fear. They lodged the report, i.e., Case No.1-25/2004 under Sections 302, 143, 147, 148, 149, 341, 307, 120B, 201 IPC, Sections 25(1)(a) and 27 of the Arms Act and Section 135 of the Bombay Police Act.

7. On 17th February, 2004 the respondent was released on anticipatory bail by the Additional Sessions Judge, Rajkot in Criminal Misc. Application No. 28/2004. The State of Gujarat filed CPA No.102/2004 in the High Court, seeking cancellation of the anticipatory bail granted to the respondent. Appellant also filed CRA No.92/2004 for the same relief. Anticipatory bail granted to the respondent was cancelled by the High Court on 5th March, 2004.

8. On 19th March, 2004 Vinubhai Singala (Vinod Rai Singala) was murdered. The respondent was named in the FIR as one of the assailants. The case was registered as Criminal Case No. I-173/05 at P.S. Malviya Nagar, Rajkot. The said FIR was lodged by Gobarbhai Naranbhai Singala, father of the deceased Vinubhai Singala, appellant in the 1st Appeal under Sections 143, 148, 149, 447, 302 IPC and 23(1)(b) of Arms Act. In the said FIR it was inter alia alleged:

14. Against the aforesaid order, the complainant Gobarbhai has filed the Appeal arising out of SLP(Crl) No. 6646/2005, seeking cancellation of the bail granted to the respondents, in which this Court issued notice on 16th of December, 2005.

6. In view of the above facts and circumstances of the case, this application is required to be allowed and the applicant is required to be enlarged on bail. Accordingly, the applicant is hereby ordered to be enlarged on bail in pursuance of the offence registered bearing C.R. No.I 25/2004 at Gondal Police Station on his furnishing a bond of Rs.50,000/- (Rs. Fifty Thousand) and solvent surety of the like amount, on the following terms and conditions that he shall:

) maintain law and order;

(g) not enter into the local limits of district Rajkot without prior permission of this Court, but for attending the Court in connection with this case he will be free to enter the limits for a period to the extent necessary and will leave the limits thereafter soon after the case is adjourned;

[Underlining is ours]

(viii) danger, of course, of justice being thwarted by grant of bail.

29. Taking the overall view of the entire matter and in particular to the antecedents of the respondent-Jayrajsinh Temubha Jadeja, the alleged statements made by the witnesses, who were present at the spot, to the police and the admitted enmity between the parties (which is a double edged weapon to commit the crime as well as to falsely implicate), we are of the view that it was not a fit case to grant bail to the respondents in this case as well. Without elaborating further, we set aside the impugned orders granting bail to the respondents. Respondents are directed to surrender to the judicial custody forthwith. In case, the respondents do not surrender within seven days, steps be taken, in accordance with law, to apprehend them.

30. The counsel appearing for the State of Gujarat has informed us that Shri R.R. Trivedi has been replaced by Ms. Amita Ben Sippy as the new A.P.P. to conduct the trial. She has assured us that Shri R.R. Trivedi will not appear and conduct the trial in either of these two cases. Thus, the grievance of the appellants on the basis of which the trial was stayed, stands redressed. Stay of trial granted by the High Court on 15th February, 2007 is vacated. Trial of the case to begin forthwith. Trial Court is directed to take up the trial on day to day basis and, if possible, conclude the same within the next six months from the date of production of a certified copy of this judgment. The prosecution as well as defence counsel is directed to cooperate in conducting the trial on day to day basis. In case, any of the accused who is on bail and does not appear, then his bail be cancelled and he be taken into custody.

31. Nothing stated herein above be taken as an expression of opinion on merits of the matter. The trial court shall proceed with the trial in accordance with law, without in any manner being influenced by the observations made herein above or in the Orders passed by the High Court granting bail to the respondents.

32. With these observations, the appeals are allowed.