FARUQ ADAMBHAI DAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners-accused have challenged in this revision petition the impugned judgment and order passed by the learned Additional Sessions Judge, Morbi on 11.1.2002 in Criminal Misc. Application No.139 of 2001 filed by the respondent-State of Gujarat for cancelling the bail granted in their favour whereby the learned Judge cancelled that bail granted earlier.

(2.) On 22.7.2001 one Sanjay @Laloo Natubhai, door keeper of Vijay Cinema, Morbi lodged FIR No.1174 of 2001 before Morbi City Police Station for the offences punishable under Sections 436, 153A IPC against 2-3 persons. It was alleged in the complaint that after the movie `Gadar' was over, some persons caused damage to the screen of the theater by throwing plastic kerosene bags and tried to set the screen at blaze. The fire was extinguished by the staff of the theater. In all, seven persons including the present two petitioners-accused were arrested for the offences punishable under Sections 143, 147, 148, 136, 153A and 120B IPC by the police 24.7.2001 i.e. within two days of the incident. All the seven accused persons filed joint bail application being Criminal Misc. Application No.131 of 2001 before the Court of Additional Sessions Judge, Morbi.

(3.) Shri M.V.Rathod, learned Addl. Sessions Judge, Morbi by his judgment and order dated 30.7.2001 allowed the bail application of the accused persons with certain conditions. I would not like to go in details of the reasoning assigned by the learned Judge for releasing all seven accused persons on bail. But it seems that the learned Judge was more impressed by the fact that if the accused are kept in jail for a longer period, then their family members may starve and as such there was no antecedents of accused, except accused Faruq Adam (present petitioner No.1) and Imran Adam against whom some offences were registered and the cases were pending. According to him the accused after released on bail they will not indulge in such criminal activities. The learned judge also considered the fact that after the earthquake of 26.1.2001, courts of Morbi have been shifted to Lalbag for a temporary period where there are no infrastructure, facilities and number of old cases are pending before the said court and, therefore, it would take years together for the final decision of that case.