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CR.MA/1225/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1225 of 2010
=========================================================
SHANKARBHAI
SAVJIBHAI HARIJAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SP MAJMUDAR for
Applicant(s) : 1,MRVIMALAPUROHIT for Applicant(s) : 1,
MR HL JANI,
ADDL.PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 11/03/2010
ORAL
ORDER
This
is an application preferred under Sec.439 of the Code of Criminal
Procedure, 1973 by the applicant who has been arrested in connection
with C.R. No. I-150 of 2009 registered with Limdi police station,
District-Dahod, for the offence punishable under Sections 302, 114
and 120B of Indian Penal Code as well as under Section 3[2][5] of
Atrocity Act.
Mr.
P.P. Majmudar, learned advocate appearing for the applicant submitted
that the applicant is an innocent person and he has not committed any
offence as alleged in the FIR. Even the basic ingredients of the
offences which are mentioned in the FIR are not satisfied in the
present case. On perusal of the FIR and other material on the record
of the case, there is nothing to suggest that there was an intention
on the part of the applicant to commit an offence of murder and as
the applicant is falsely implicated in the alleged commission of
offence, he deserves to be enlarged on bail.
Mr.
H.L. Jani, learned APP, representing the opponent State, while
opposing the bail application submitted that the applicant is
involved in serious offence punishable under Sections 302, 114 and
120B of IPC as well as Section 3[2][5] of Atrocity Act. Considering
the role attributed to the applicant and the manner in which brutal
murder of the deceased is committed by him, no discretionary relief
deserves be granted to the applicant. Thus, it is contended by the
learned APP that there is no merit in the application and the
application deserves to be dismissed.
I
have heard the learned counsel for both the sides at length and in
great detail. Considering the submissions canvassed by learned
advocates of both the sides and on perusal of the role attributed to
the applicant as reflected in the FIR as well as from the police
papers, statements of witnesses, prima facie involvement of the
applicant is indicated. The applicant is involved in a very serious
offence of murder whereby life of one hapless person has been snuffed
out in most brutal manner. Thus, considering the nature as well as
gravity of the offence in which the applicant is involved and
provisions of Sections 302, 114 and 120B of IPC and Section 3[2][5]
of Atrocity Act, as well as quantum of punishment etc. and without
discussing the evidence in detail at this stage, I am of the view
that no discretionary relief can be granted to the applicant and the
application deserves to be rejected.
For
the foregoing reasons, there is no merit in the application and it is
hereby rejected. Rule is discharged.
[H.B.
ANTANI, J.]
pirzada/-
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