RANCHHODBHAI MANILAL PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. J.M.Panchal, learned Special Public Prosecutor, waives service of notice of Rule on behalf of the respondent State of Gujarat. Mr.Ajaykumar Choksi, learned Special Public Prosecutor for SIT (Godhra Riot Case), waives service of notice of Rule on behalf of respondent No.2. On the facts, and in the circumstances of the case, and with the consent of the learned advocates for the respective parties, the application is being heard and finally decided.

(2.) The present application for bail under Section 439 of the Code of Criminal Procedure, 1973, has been preferred in connection with FIR, being CR.No.I-100/2002 dated 28-02-2002, registered with Naroda Police Station, for offences punishable under Sections 143, 147, 148, 149, 436, 395 and 302 of the Indian Penal Code and Section 135(1) of the Bombay Police Act.

(3.) Briefly stated, the relevant facts emerging from a perusal of the FIR and other documents on record are that, on 28-02-2002, at about 7.0 P.M., a mob of about 15,000 to 17,000 persons gathered at Naroda Patia area, near the Central Workshop ( The Workshop for short) of the Gujarat State Road Transport Corporation ( GSRT for short). The mob was uncontrollable, and slogans such as Maaro (kill) - Kaapo (cut) were being shouted. It is further stated that in spite of repeated announcements through Loudspeakers, bursting of tear-gas shells, and firing by the Police, the mob could not be controlled or disbursed. The mob became violent, and damaged and destroyed properties including dwelling houses, belonging to the Minority Community, by setting them on fire, after throwing burning rags. Shops were also burnt and looted. The mob was armed with deadly weapons such as iron pipes, sticks etc. It is stated that men, women and children belonging to the Minority Community were set ablaze, in the Chawl known as Hussain-in-Chali , resulting in the death of approximately 58 persons.