ABHAYSINH DEVISINH CHUDASAMA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) RULE. The present application has been preferred by the applicant for grant of bail under Section 439 of the Code of Criminal Procedure, 1973, in connection with R.C.No.BS1/2010/S/004 registered by the Central Bureau of Investigation (CBI), Mumbai, on 01.02.2010, for offences punishable under Sections 120(B), 364, 365, 368, 341, 342, 302, 384 and 201 of the Indian Penal Code. The applicant, who is a Police Officer of high rank in the State of Gujarat, was arrested on 28.04.2010, by the CBI. Chargesheets have been filed by the CBI on 23.07.2010 and 22.10.2010. The applicant had filed an application for grant of bail before the CBI Special (Sessions) Court, being Criminal Miscellaneous Application No.171 of 2011, which has been rejected by judgment and order dated 16.08.2011. Hence, the applicant is before this Court.

(2.) A brief factual background of the case as per the material on record, would be necessary. Initially, a complaint was lodged by one Shri Abdul Rehman, Police Inspector of the State of Rajasthan, to the effect that secret information was received by the States of Rajasthan and Gujarat that a notorious criminal by the name of Sohrabuddin Shaikh, resident of Village Jharaniya, Nagda, Madhya Pradesh, was to reach Narol Circle (Ahmedabad) in the early hours of 26.11.2005. The said Sohrabuddin was coming with the intention of spreading terror and to target big leaders of the State of Gujarat. A team comprising of Gujarat and Rajasthan Police Officers laid a trap near Narol Circle to nab Sohrabuddin. It is stated in the compliant that Sohrabuddin was coming on a motorcycle. A warning was issued to him to surrender. However, Sohrabuddin opened fire on the police party. There was crossfiring in self defence from the police party, as a result of which Sohrabuddin sustained fatal bullet injuries and died. This is the version in the first FIR registered by the Anti Terrorist Squad, Ahmedabad, as ATS 1st C.R.No.5/2005.

(3.) RUBABUDDIN, brother of deceased Sohrabuddin, was not satisfied with the manner in which the investigation was being carried out. He, therefore, filed an application under Section 173(8) of the Code of Criminal Procedure, dated 30.04.2008, before the Additional Principal and Sessions Court, Ahmedabad, in Sessions Case No.256 of 2007, which was partly allowed by order dated 05.09.2008.