Gujarat High Court
Savabhai Ratnabhai Rabari vs State Of Gujarat on 21 January, 2025
NEUTRAL CITATION
R/CR.A/2164/2024 ORDER DATED: 21/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
2164 of 2024
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SAVABHAI RATNABHAI RABARI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PARAM BUCH WITH JEET V PATEL(8653) for the Appellant(s) No. 1
MR HRIDAY BUCH(2372) for the Appellant(s) No. 1
MR PITAMBERBHAI ABICHANDANI for MR Y J PATEL(3985) for the
Opponent(s)/Respondent(s) No. 2
ROHAN H. RAVAL, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 21/01/2025
ORAL ORDER
1. Heard learned advocate or the appellant and learned APP for
the respondent – State.
2. Rule. Learned APP waives service of notice of Rule on behalf of
respondent-State.
3. Present appeal is filed under Section 14-A of the Scheduled
Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989
(hereinafter referred to as “Atrocity Act”) challenging the
judgment and order dated 09.09.2024 passed by the leaned
Special Judge, (Atrocity) & 3rd Additional Sessions Judge,
Kachchh at Bhachau in Criminal Misc. Application No. 556 of
2024, whereby the Special Judge, (Atrocity) & 3 rd Additional
Sessions Judge, Kachchh at Bhachau rejected the application
filed by the present appellant under Section 483 of the
Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”)
seeking regular bail in connection with FIR being
C.R.No.11993001240155 of 2024 registered with Samkhiyali
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NEUTRAL CITATION
R/CR.A/2164/2024 ORDER DATED: 21/01/2025
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Police Station, Dist. Kachchh, for the offences punishable
under Sections 302, 307, 324, 325, 294(b), 506(2), 120(B), 143,
147, 148, 149, 120-B, and 34 of the IPC and under Sections 3(1)
(r), 3(1) (s), 3(2)(v) and 3(2)(v-a) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act and Sections
25(1-b)(a) and 27 of the Arms Act and Section 135 of the GP Act.
4. Learned advocate for the appellant has submitted that the
appellant is not involved in commission of offence as alleged in
the FIR and therefore, looking to the role of the appellant and
nature of the allegations, the appellant is required to be
enlarged on regular bail by imposing suitable terms and
conditions.
4.1. Learned advocate for the appellant has submitted that
appellant is arrested on 17.05.2024. It is submitted that present
appellant is innocent and he has falsely enroped in the offence.
Hence, he requested to allow the present appeal. It is submitted
that the allegations levelled against the present appellant is far
from the truth. Investigation is over and charge-sheet is filed. It
is submitted that role attributed to the present appellant is that
he was member of the unlawful assembly, who armed with the
stick. There is no overt-act on the part of the present applicant.
Charge is not yet framed. Nothing is required to be recovered
and discovered from the accused. Commencement of trial will
take its own time. Trial has not commenced and keeping the
accused behind the bars is nothing but amounts to pre-trial
conviction. In aid of Sections 143, 147, 148, 149 of the IPC, the
present appellant arraigned as an accused. Therefore, no
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purpose would be served to keep him behind the bar for long
time. He is ready and willing to abide by all the conditions
imposed upon him.
5. On the other hand, learned APP Mr.Raval and learned advocate
Mr.Abichandani appearing for the respondent No.2 have
vehemently opposed the appeal on the ground that It is
submitted that the present applicant(s) is/are headstrong
person(s). They came along with co-accused with a common
intention and common object to snatch and dispossess the
victims. They are engaged in this activity, and their livelihood is
at stake. They attempted to forcibly take possession of the said
land by hatching a criminal conspiracy in collusion and
connivance with the accused persons. They came in pre-planned
manner, in furtherance of the conspiracy, in various four-
wheelers and made an assault with deadly weapons, including
firearms, iron pipes, and sticks. When the accused opened fire,
one person lost his life, and victims Mukesh and Valimohammad
sustained grievous injuries. They have also supported the case
of the prosecution. However, the accused caused firearm
injuries, hurled abusive and derogatory language at the
complainant and other witnesses, and assaulted them. It is
submitted that sufficient material has been collected during the
investigation. If the accused is/are released, the possibility of
breaching public tranquility and indulging in similar activities
cannot be ruled out, as the applicant(s) has/have a history of
criminal antecedents. They terrorize the people and attempted
to snatch possession from the victim and the complainant. It is
requested that the trial be expedited. It appears that
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allegations are serious in nature affecting the society at large
and looking to the facts as well as the allegations made against
the appellant, no discretion would be required to be exercised.
6. While granting bail, the Court has to consider the involvement
of the accused in the alleged offence, the jurisdiction to grant
bail has to be exercised on the basis of the well settled
principles having regard to the facts and circumstances of each
case and the following factors are to be taken into
consideration while considering an application for bail: (i) the
nature of accusation and the severity of the punishment and the
nature of the materials relied upon by the prosecution; (ii)
reasonable apprehension of tampering with the witnesses and
threat to the complainant or the witnesses; (iii) reasonable
possibility of securing the presence of the accused at the time
of trial or the likelihood of his abscondence; (iv) character
behaviour and standing of the accused and the circumstances
which are peculiar to the accused; (v) larger interest of the
public or the State and similar other considerations are required
to be considered.
7. I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. In
present case, the investigation is over and charge-sheet has
been filed. Following aspects have been considered:
(i) appellant is arrested on 17.05.2024;
(ii) Commencement of trial will take its own time;
(iii) offence is not punishable with life or death;
(iv) nothing is required to be recovered and discovered from
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the appellant;
(v) Perusing the record, it appears that the applicant(s) is /are
arraigned as accused in aid of Section 143, 147, 148 and
149 of Indian Penal Code, 1860 the applicant is /are
member of the unlawful assemble armed with the deadly
weapon. No any overt-act is emerged from the
investigation papers on the part of the applicant(s) and no
any injury is caused to the any of the witnesses. Whatever
allegations qua used of fire arm is against the co-accused;
(vi) charge-sheet is filed and charge yet to be framed and
prosecution has to examine 110 witnesses, which is cited
in the charge-sheet papers;
(vii) considering the fact that the apprehension raised by the
other-side is concerned, the applicant has created his
terror, then if he/they released on bail, then definitely
they will snatch the possession of the complainant and
witnesses. Therefore, stringent is required to be imposed;
8. This Court has also taken into consideration the law laid down
by the Hon’ble Apex Court in the case of Sanjay Chandra vs.
Central Bureau of Investigation reported in [2012]1 SCC 40 as
well as in the case of Gudikanti Narasimhulu And Ors vs.
Public Prosecutor, High Court of Andhra Pradesh reported in
(1978)1 SCC 240. Obviously, the conclusion of trial will take
time and keeping the accused behind the bars is nothing but
amounts to pre-trial conviction and therefore, considering the
celebrated principle of bail jurisprudence is that “bail is a rule
and jail is exception” as well as the concept of personal liberty
guaranteed under Article 21 of the Constitution of India,
present application deserves consideration.
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9. In the facts and circumstances of the case and considering the
nature of the allegations made against the appellant in the FIR,
without discussing the evidence in detail, prima facie, this Court
is of the opinion that this is a fit case to exercise the discretion
and enlarge the appellant on regular bail. Hence, the present
application is allowed. The appellant is ordered to be released
on regular bail in connection with FIR being
C.R.No.11993001240155 of 2024 registered with Samkhiyali
Police Station, Dist. Kachchh, on executing a personal bond of
Rs.25,000/- (Rupees Twenty-five Thousand only) with one
surety of the like amount to the satisfaction of the trial Court
and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the
prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave State of Gujarat without prior permission of the
Sessions Judge concerned;
[e] furnish the UIDAI Number, Contact Number/s, Passport
Number (if he is having the passport), E-mail address and
present address of his residence to the Investigating Officer
and also to the Court at the time of execution of the bond
and shall not change the residence address as well as
contact number without prior permission of Trial Court;
[f] mark presence before the concerned Police Station between
1st to 10th day of every English calendar month for a period
of six months between 11:00 a.m. and 2:00 p.m.;
[g] not enter into the Kachchh District for a period six
months except for marking presence before the
concerned police Station and attending the court
proceedings/trial;
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[h] not enter into the desert area, till the trial is over and
not disturb the complainant and victim/witnesses;
[I] not contact directly or indirectly with the complainant
or any other witnesses;
(j) not indulge in any similar type of activity. I f the applicant
is found to be indulged in any illegal activities in future, the
trial Court concerned will be free to issue warrant and cancel
the bail granted to the applicant.
10. The authorities will release the appellant only if he is not
required in connection with any other offence for the time being. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
11. Bail bond to be executed before the lower Court having
jurisdiction to try the case. It will be open for the concerned Court to
delete, modify and/or relax any of the above conditions, in accordance
with law.
12. At the trial, the trial Court shall not be influenced by the
observations of preliminary nature qua the evidence at this stage
made by this Court while enlarging the appellant on bail.
13. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
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