DINUBHAI BOGHABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted in SLP(Criminal) No. 4965 of 2017, SLP(Criminal) No. 5086 of 2017, SLP(Criminal) No. 5309 of 2017 and SLP(Criminal) No. 5321 of 2017.

(2.) One, Amit Jethwa, stated to be an activist, who was complaining against the illegal mining in and around Gir Forest Sanctuary, was murdered. FIR being I-C.R. No. 163 of 2010 was registered on July 20, 2010 at Sola Police Station under Sections 302 and 114 of Indian Penal Code, 1860 (IPC) read with Sec. 25(1) of Arms Act, 1959. In this FIR, amongst others, Dinubhai Boghabhai Solanki (for short 'Mr. Solanki') and his nephew were also implicated. As per the father of Amit Jethwa (who was the complainant), State's Police showed slackness in investigating the said case. He approached the High Court for transfer of investigation and vide order dated Sept. 25, 2012, his petition was allowed and investigation was transferred to CBI. On transfer, CBI registered RC.11(S)/2012 SCU.V/SC.II/CBI and undertook the investigation. The aforesaid order dated Sept. 25, 2012 passed by the High Court was challenged by Mr. Solanki as well as State of Gujarat by filing special leave petitions in this Court. In the petition filed by Mr. Solanki, he had prayed for stay of operation of the judgment and order dated Sept. 25, 2012. This miscellaneous application was dismissed and CBI was given liberty to complete the investigation. After the dismissal of his application, Mr. Solanki was arrested on Nov. 5, 2013. Status report of the investigation was submitted by the CBI in this Court and after completion of the investigation, a supplementary chargesheet under Sec. 302 read with Sec. 120B Penal Code was filed before the concerned Court in Jan., 2014. In the chargesheet, Mr. Solanki has been arrayed as one of the main conspirators along with his nephew Pratap @ Shiva Solanki and few others. The Criminal Appeal No. 492 of 2014 arising out of SLP (Crl.) No. 8406 of 2012 filed by Mr. Solanki as well as Criminal Appeal No. 493 of 2014 arising out of SLP (Crl.) No. 8292 of 2012 filed by the State of Gujarat, challenging the order dated Sept. 25, 2012 of the High Court, were ultimately dismissed by this Court by a detailed judgment and order dated Feb. 25, 2014 which is reported as Dinubhai Boghabhai Solanki Vs. State of Gujarat, 2014(2) R.C.R.(Criminal) 19 : (2014) 4 SCC 626. However, at the same time, bail was granted to Mr. Solanki on certain conditions mentioned in Para 65, relevant portion whereof is reproduced below:

(3.) Pursuant to the said order, Mr. Solanki was enlarged on bail on Feb. 26, 2004.