GHANCHI RUBINA SALIMBHAI Vs. METHUBHA DIWANSINGH SOLANKI

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Leave granted.

(3.) These appeals are preferred against the judgment and order of the High Court of Gujarat at Ahmedabad dated 16-10-2002 made in Misc. Criminal Application Nos. 5894 to 5896 of 2002 and other connected matters whereby the High Court allowed the said applications and directed the release of the petitioners mentioned therein on conditions enumerated in the said order. In these appeals, learned Senior Counsel for the appellant contends that the respondent-accused are accused of very serious crimes in which five persons have been murdered and certain properties including the house of the victims set ablaze consequent to which the respondent-accused have been charged of offences punishable under Secs. 302, 395, 397, 147, 149, 436, 427, 188 and 120-B, I.P.C. and Sec. 135 of the Bombay Police Act. Learned Counsel further contends that the learned Sessions Judge when considering the bail applications of the respondent-accused after discussing the evidence on record, and after perusing the police papers came to the conclusion that a prima facie case has been made out against the said accused persons, and further bearing in mind the seriousness of the crime and the possibility of the said accused tampering with the witnesses, held that they were not entitled to be enlarged on bail. Learned Counsel further submitted that by the impugned order the High Court without properly considering the material on record and without assigning any reason proceeded to enlarge the respondent-accused on bail consequent to which the appellant apprehends no witness will come forward for fear of the clout wielded by the respondent-accused in the village.