GHANSHYAMDASJI GURU HARIKISHANDASJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule in both these applications. Service of Rule is waived by ld. APP Mr.M.A.Bukhari for Respondent No.1 State and by Mr.M.R.Shah, ld. counsel for Respondent No.2 in Cri.Misc.Application No.5810/2000. Similarly, service of Rule is waived by ld. APP Mr. N.D.Gohil for Respondent no.1 State and by Mr.M.R.Shah, ld. counsel for Respondent No.2 in Cri.Misc. Application No.2185/2001. 1-A. Both these Criminal Misc. Applications are preferred under sec. 439 of CrPC praying bail by the petitioners-accused of Sessions Case No. 369/99 pending in the Court of ld. Addl. Sessions Judge, Nadiad. Sessions Case is registered on the strength of the chargesheet filed at the conclusion of investigation of FIR registered on 29.10.1998 by CBI, Mumbai vide CR No. RC.3(S)/SCB/98-Mumbai for the offences punishable under sections 120B, 365 of IPC. CBI, Mumbai on investigation, chargesheeted five numbers of accused persons for the offences punishable under sec.120B, 302, 364, 201 of IPC. Since both the applications arise from same chargesheet involving same set of facts, the same are heard and disposed of by this common order.

(2.) Cri.Misc. Application No. 5810/2000 is filed by the petitioners- original accused nos. 4, 3 and 5 respectively whereas Cri.Misc. Application No.2185/2001 is filed by the petitioner- original accused no.2. As per the Note of Registry, 10 other bail applications were moved earlier before this Court raising bail plea and they are heard and decided by this Court at the relevant time. Out of aforesaid applications, some of the applications were moved by the petitioners-accused before filing of the chargesheet by CBI and some of the applications were moved after receipt of the chargesheet papers. According to ld. counsel appearing for petitioners, petitioner no.3 of Cri.Misc. Application No. 5810/2000 has approached this Court for bail for the first time after filing of the chargesheet. Rest of the three petitioners have moved 2nd time or 3rd time for bail after filing of the chargesheet.

(3.) Ld. counsel Mr. K.B.Anandjiwala appearing for ld. counsel Mr.A.J.Yagnik for the petitioners of Cri.Misc. Application No.5810/2000 has argued at length on all the relevant points. Ld. counsel Mr. J.B.Dastoor appearing for ld. counsel Mr. I.H.Syed for the petitioner of Cri.Misc. Application No. 2185/2001 has mainly adopted the submissions advanced by ld. counsel Mr. Anandjiwala and has tried to distinguish the case of the petitioner Shrijicharandas Swami and by placing reliance on some judgments of the Apex Court, has submitted that the petitioner Shrijicharandas Swami be enlarged on bail for want of legal and/or adequate evidence. Mr. M.R.Shah, ld. counsel appearing for CBI and ld. APP Mr. N.D.Gohil and Ld. APP Mr. M.A.Bukhari appearing for the State of Gujarat, have resisted the bail plea of all the petitioners from all the corners.