Shyamrajsinh Siddharajsinh Chavda vs The State Of Gujarat on 19 December, 2024

Supreme Court – Daily Orders

Shyamrajsinh Siddharajsinh Chavda vs The State Of Gujarat on 19 December, 2024

Author: C.T. Ravikumar

Bench: C.T. Ravikumar

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     ITEM NO.24                            COURT NO.9                 SECTION II-B

                              S U P R E M E C O U R T O F     I N D I A
                                      RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s).54417/2024

     [Arising out of impugned final judgment and order dated 06-08-2024
     in CRMA No.14939/2024 passed by the High Court of Gujarat at
     Ahmedabad]

     SHYAMRAJSINH SIDDHARAJSINH CHAVDA                                Petitioner(s)

                                                  VERSUS

     THE STATE OF GUJARAT & ORS.                                      Respondent(s)

     (FOR ADMISSION and I.R. and IA No.289628/2024-CONDONATION OF DELAY
     IN FILING and IA No.289630/2024-EXEMPTION FROM FILING O.T. and IA
     No.289626/2024-PERMISSION TO FILE PETITION (SLP/TP/WP/..))

     Date : 19-12-2024 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE C.T. RAVIKUMAR
                         HON'BLE MR. JUSTICE MANMOHAN


     For Petitioner(s)            Ms. Jesal Wahi, AOR
                                  Mr. Kabir Hathi, Adv.


     For Respondent(s)


                         UPON hearing the counsel the Court made the following
                                            O R D E R

Permission to file the special leave petition is granted.

Delay condoned.

The petitioner seeks leave to challenge the order dated
Signature Not Verified

06.08.2024 passed by the High Court of Gujarat at Ahmedabad in
Digitally signed by
ARJUN BISHT
Date: 2024.12.24
15:03:56 IST
Reason:

R/Criminal Misc. Application (For Anticipatory Bail) No.14939 of

2024.

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Heard the learned counsel for the petitioner and perused

the materials on record.

On scanning the order sought to be challenged, we find

some substance only with respect to the observation made in

paragraph 5.1 of the impugned order. The High Court while passing

the said order made an observation as under:-

“Having regard to the cause of death shown by the
doctor after the PM note it appears that the death of
deceased was not homicidal.”

There cannot be any doubt with respect to the position

that the question whether the death is homicide or not, is a matter

for the trial court to find based on appreciation of the evidence.

In such circumstances, we make it clear that the said observation

shall be taken only as an observation made for the purpose of

disposal of the application for anticipatory bail and it shall not

cause any prejudice during the trial. In other words, despite such

observation, the said question has to be decided at the appropriate

time independently by the trial court based on the evidence and in

accordance with law.

With this observation, this special leave petition stands

dismissed.

Pending application(s), if any, shall stand disposed of.

(SAPNA BISHT)                                          (MATHEW ABRAHAM)
COURT MASTER (SH)                                     COURT MASTER (NSH)