JETHA BHAYA ODEDARA Vs. GANGA MALDEBHAI ODEDARA

JUDGEMENT

(1.) The High Court of Gujarat at Ahmedabad has by its order dated 13th September, 2010 allowed Criminal Misc. - Application No. 9119/2010 and enlarged the Respondent, Ganga Maldebhai Odedara on bail under Section 439 of Code of Criminal Procedure. The present Special Leave Petition has been filed by the complainant assailing the said order.

(2.) Briefly stated, the prosecution case is that 14th January, 2007, being Makar Sankranti Day, the complainant-Jetha Bhaya Odedara, the Petitioner before us, was sitting at the house of one Abha Arjan, along with Navgan Arasi, Rama Arasi Jadeja, Suresh Sanghan Odedara and a few ladies of the house, named, Aarsi Munja, Maliben and Puriben. At around 8.00 p.m. one Ramde Rajsi Odedara, one of the accused persons is alleged to have come to the place where the complainant was sitting and started using abusive language. He was asked not to do so, thereupon he left the place only to return a few minutes later with accused Punja Ram, Lakha Ram, Devsi Rama, Vikram Keshu Odedara, Gangu Ranmal, Vikram Devsi Odedara, Ramde Rajsi Odedara and the Respondent and some others armed with knives and a pistol which the -Respondent was allegedly carrying with him. The accused persons started abusing and assaulting the complainant and Ors. who were sitting with him resulting in knife injuries to Vikram Keshu, Navgan Arasi, Rama Arasi and Puriben. Respondent Ganga Maldebhai Odedara is alleged to have fired multiple rounds from the pistol in the air exhorting his companions to kill the complainant and Ors. with him. Navgan Arasi died in the hospital on account of the injuries sustained by him leading to the registration of FIR No. I Cr. No. 4/2007 in the Kirti Mandir Police Station, Porbandar City against the Respondent and his companions for offences punishable under Sections 302, 307, 324, 147, 148, 149, 323, 504, 507(2) of Indian Penal Code read with Section 25(1) of the Arms Act and Section 135 of the Bombay Police Act. With the death of the deceased, Navgan Arasi, in due course the investigation was completed and a charge sheet for the offences mentioned above filed before the Sessions Judge, Porbandar, who made over the case to Fast Track Court, Porbandar for trial and disposal in accordance with law.

(3.) An application, being Crl. Misc. Application No. 3/2010 was then filed by the Respondent before the trial Court for grant of bail which was opposed by the prosecution and eventually dismissed by its order dated 11th February, 2010. The trial Court was of the view that no case for the grant of bail to the Respondent-applicant had in the facts and circumstances of the case been made out particularly in view of the fact that the Respondent was involved in several criminal cases apart from the one in which he was seeking bail. The trial Court was also of the view that the Respondent was a member of the gang operating in Porbandar area and that he had absconded for a month before he was arrested. It was also of the view that the role played by the Respondent and his association with the other accused persons was likely to affect the smooth conduct of the trial.