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Gujarat High Court
Criminal Misc.Application No. … vs Mr Pr Abichandani App For on 3 August, 2010
Author: R.P.Dholakia,&Nbsp;
     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD



     CRIMINAL MISC.APPLICATION No 2619 of 2003



     --------------------------------------------------------------
     SATYANARAYAN SHRIKISHAN CHOBE
Versus
     STATE OF GUJARAT
     --------------------------------------------------------------
     Appearance:
     1. Criminal Misc.Application No. 2619 of 2003
          MR ASHOK K PADIA for Petitioner No. 1
          MR PR ABICHANDANI APP for Respondent No. 1


     --------------------------------------------------------------


              CORAM : MR.JUSTICE R.P.DHOLAKIA


              Date of Order: 03/05/2003


ORAL ORDER

Rule. Mr.PR Abichandani learned APP waives
service of rule on behalf of respondent No.1.

2.Heard the learned counsel for the respective
parties.

3.Leaned counsel for the petitioner has submitted
that the petitioner is co-accused of the offence
registered before the Adalaj Police Station vide CR No.53
of 2003 under Sections 392, 114 of Indian Penal Code and
under Sec.25(1)(C) of Arms act and under Sec.135 of
Bombay Police Act and during the course of investigation,
petitioner and other accused have been arrested and sent
in judicial custody. Thereafter the petitioner preferred
Criminal Misc.Application NO.58 of 2003 before the
Sessions Court, Gandhinagar which was assigned to the
learned Additional Sessions Judge, Gandhinagar who after
hearing both the sides, rejected the said bail
application vide order dtd.4/4/2003. Hence, this
petition. He has further submitted that at the time of
the alleged incident, he was serving as security guard.
He has further submitted that the amount in question is
meager and nothing has been recovered from the
petitioner. Submitting accordingly, he prayed to release
the petitioner on bail.

4.On the other hand learned APP has vehemently
argued that the petitioner is habitual offender and in
past also the petitioner was involved in the offence
under Secs.302, 397, 212 etc. of IPC and under
Sec.25(1)(C) of Arms Act was registered against the
petitioner before the Sarkhej Police Station vide CR
No.I-250 of 2002, but the said offence the trial court
has released the petitioner on bail while passing order
in the Criminal Misc.Application NO.375 of 2003 vide
order dtd.2/4/2003 as the petitioner was not identified
by any witness in the said offence. In support of his
arguments, learned APP has drawn my attention to para 8
of the said order. He has further submitted that in the
present case, the petitioner is identified and recovery
is also made from the petitioner and on the date of
incident, the petitioner was not in service which is
clear from the certificate of employer and thus there is
prima facie case against the petitioner. He has further
submitted that if the petitioner is released on bail, he
would indulge in similar activities and he would not be
available at the time of trial. Submitting accordingly,
he has submitted that considering the evidence on record,
past antecedent of the petitioner and serioness of the
offence, the present petition may be rejected.

5.Having heard the learned counsel for the
respective parties and considering the evidence on record
it is clear that there is prima facie case against the
petitioner. Further, from the certificate issued by the
employer of the petitioner, it is clear that on the day
of the incident, the petitioner was not serving as
Security Guard under his employer, the petitioner is
identified by the witnesses in the Identification Parade
and in past also, petitioner was involved in similar
serious offence. Hence, considering the evidence on
record, past antecedent of the petitioner and gravity of
the offence, the present petition is required to be
rejected and same is accordingly rejected. Rule is
discharged.

(R.P. DHOLAKIA,J.)

Rafik


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