Criminal Misc. Application No. 687 of 2011. Case: Pravinbhai Kashiram Patel Vs State of Gujarat and Ors.. High Court of Gujarat (India)
| Case Number | Criminal Misc. Application No. 687 of 2011 |
| Counsel | For Appellant: Yatin Oza for Ms. Roma I. Fidelis, Advs. and For Respondents: H. L. Jani, Addl. Public Prosecutor, Parthiv B. Shah, Advs. |
| Judges | Z. K. Saiyed, J. |
| Issue | Criminal P.C. (2 of 1974) - Section 439(2); Indian Penal Code (45 of 1860) - Section 120A |
| Citation | 2011 CriLJ 3174 |
| Judgement Date | March 11, 2011 |
| Court | High Court of Gujarat (India) |
Order:
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By way of present application filed under Sections 439(2) and 482 of the Code of Criminal Procedure, 1973, the applicant-original complainant has inter alia payed to quash and set aside the order dated 15th January 2011 passed by the learned 2nd Additional Sessions Judge, Ahmedabad (Rural) in Criminal Miscellaneous Application No.26 of 2011 and thereby prayed to cancel the anticipatory bail granted to the respondent No.2 vide order under challenge.
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As per the case of the applicant, the applicant is the complainant in the complaint being C.R. No.I-213 of 2008 registered with Sanand Police Station against the respondent No.2 for the offences punishable under Sections 143, 147, 149, 325, 506(1) and 427 of the Indian Penal Code and also under Section 135 of the Bombay Police Act in connection with the incident which took place on 11th September 2009 in respect of the applicant's land situated at Survey No.166, Village-Nidharad, Taluka-Sanand, District-Ahmedabad. As per the case of the applicant, at a subsequent stage, charge of the offence punishable under Sections 395 and 397 of the Indian Penal Code have also been added against the accused persons. It is also the case of the applicant that Investigating Agency has also given application to add other Sections including Section 120-B of the Indian Penal Code.
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The applicant hereby challenges the order dated 15th January 2011 passed by the learned 2nd Additional Sessions Judge, Ahmedabad (Rural) granting anticipatory bail to the respondent No.2. The applicant has opposed the said anticipatory bail by filing a detailed reply. It is the case of the applicant that however, without considering the reply filed by the present applicant, investigating papers, various status reports, which shows that the respondent No.2 is absconding and without considering the fact that the respondent No.2 is absconding since 2008 and there is strong prima facie case against the respondent No.2, the learned trial Judge, considering the irrelevant factors and ignoring the settled principles for grant of anticipatory bail, granted anticipatory bail to the respondent No.2.
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As per the case of the applicant, a tenancy case was filed before the Mamlatdar and ALT, Sanand wherein a forged, fabricated and fraudulent panchnama was submitted by one of the co-accused and on the basis of the said panchnama dated 15th April 2008, the Mamlatdar and ALT directed the parties to the tenancy case to maintain status quo; however, the said order of status quo was not extended. It is the case of the applicant that the respondent No.2 in connivance with the Talati of village Nidharad, prepared the said panchnama and has signed the same as witness to the same.
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It is the case of the applicant that he is one of the joint owners along with his family members of the land bearing Survey No.166 situated at Village Nidhrad, Taluka-Sanand, District-Ahmedabad since 1994. It is also the say of the applicant-original complaint that one Shri Babulal Jamnadas Patel, who is the sitting MLA of the Ruling Party, had tried to grab the land of the poor farmers, including the applicant and other complainant; and a group of matters with regard to the same was pending before this Court. It is also the case of the applicant that various complaints have also been registered in respect to the said group of matters against Shri Babulal Jamnadas Patel and others. It is also the case of the applicant-original complainant that Shri Babulal Jamnadas Patel under an apprehension of being required to pay Rs.15 to 20 crores at the market value of the said plots for the said fraud and hence, with a view to take revenge and to develop a sense of fear amongst the people, Shri Babulal Jamnadas Patel hatched the entire conspiracy to grab the land and harassed the complainant and further assaulted the complainant and his family on 11th September 2008. As per the case of the applicant, the applicant and his family members were assaulted by a mob of more than 70 people with deadly weapons like scythe (Dhariya), pipes and sticks and they were grievously beaten and caused severe injuries to the applicant-complainant and other persons. It is also the case of the applicant that as the complaint of the complainant side was not registered, family...
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