LAWS(CHH)-2005-9-23

RAJU GOSAI Vs. STATE OF CHHATTISGARH

Decided On September 13, 2005
Raju Gosai Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) '' This order shall dispose of the two bail applications bearing M. Cr.C. No. 1853/2005 and M. Cr.C. No. 1836/2005. M.Cr.C. No. 1853/05 has been filed on behalf of the applicant Mohd. Javed whereas the other case bearing M. Cr. C. No. 1836/2005 has been filed on behalf of the two applicants Raju Gosai and Wasim Khan. The three accused persons of Crime No. 164/2005 registered under Sections 302/34 and 120 -B of I.P.C. and Sections 25 and 27 of the Arms Act at Police Station Kanker, Distt. Kanker (C.G.) have filed these applications for releasing them on bail under Section 439 of the Code of Criminal Procedure.

(2.) THE case of the prosecution is that on 22 -4 -2005 at about 20 hours, the complainant Matin Khan and deceased Ravi Shrivastava were traveling on a Motor Cycle in town Kanker. When they reached on a place known as Gad -Pichwari turn, two unknown persons came from their back side on another Motor Cycle and fired two gun shots on Ravi Shrivastava. Ravi Shrivastava was taken to the Hospital where he succumbed to gun shot injuries. The police registered a case u/s. 302/34 I.P.C. read with Sections 25 and 27 of the Arms Act. During the course of investigation it was found that the matter relates to contract killing. It is stated that the applicant Javed entered into a criminal conspiracy with the co -accused Raju Gosai and Wasim Khan for getting Ravi Shrivastava murdered. The motive for commission of the crime is said to be an incident in which Ravi Shrivastava and Matin Khan had abused one Gulam Bhai on certain previous occasion. Gulam Bhai is the father of the applicant Mohd. Javed. It is stated that on account of insult of his father, applicant Mohd. Javed entered into Criminal Conspiracy with the other two applicants and they were contracted for killing Ravi Shrivastava at Rs. 5 lakhs. Further case of the prosecution is that firstly, these two applicants Raju Gosai and Wasim Khan contacted one Manoj Sahu and when Manoj Sahu refused to do this work, they approached the other co -accused persons namely Pamma @ Paramjeet of Raipur and Mangal Singh of Bhilai and the contract was settled at Rs. 2,50,000/ - between them. On this contract, Mangal Singh, Pamma Sardar, Raju Khanjar and Rajesh Arora came to Kanker from Raipur and ultimately after finalizing their plan on 22 -4 -2005 accused Mangal Singh with the help of another person, who was driving the Motor Cycle, murdered the deceased Ravi Shrivastava.

(3.) SMT . Fouzia Mirza, learned counsel appearing in M. Cr. C. No. 1836/2005 argued almost the similar points argued by learned senior counsel Shri S.C. Datt and prayed for releasing both the two points of this M.Cr.C. on bail.