YADAV GOVINDSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant has prayed for regular bail in connection with FIR registered at C.R.No. 113 of 2004 with Kadi Police Station, District : Mahesana for the offence punishable under Ss. 302, 397, 201 and 34 of the Indian Penal Code.

(2.) Heard learned advocate Mr. O. I. Pathan for the applicant and learned APP Mr. Manan Mehta for the respondent - State.

(3.) As per the FIR being at C.R. No. 113 of 2004 registered by first informant one Sudhaben Sunilkumar Patel, her father in law has constructed temple of Goddess Mahakali and he was the trustee of the temple. First informant has stated in the FIR that in the said temple there was a lady known as Mataji also staying and looking after the temple, apart from Mataji, there was one Karman Patel was doing miscellaneous work for temple and was staying there. In the FIR, it is stated that since last about 15 days before the date of incident the present applicant alongwith his wife had come to the temple for staying and they were looking after the temple. They were staying in a small room constructed in the compound of the temple. On the date of incident i.e. on 3/4/2004, she received a phone-call from one Baldevbhai Mukhi who told her that the doors of the Ashram are closed and it is locked from inside and on phone-call it was stated that Mataji or any other persons are not seen and therefore, she reached the temple and found the dead body of father-in-law of first informant. Though in the FIR there is mention of murder of only father-in-law of the first informant namely, Chimanlal Patel, actually four persons were murdered i.e. Trustee of the Temple Chimanbhai Patel, Sharmishthaben Patel @ Mataji, contractor Mohanbhai Luhar and peon of the Temple/Ashram Karmanbhai Ravaliya. It was found that by committing murder of aforesaid persons, the present applicant alongwith his wife committed loot of total amount of Rs.1,69,750.00 and they were not named in the FIR. However, subsequently upon investigation, it was found that it is the present applicant alongwith his wife committed murder of those four persons and committed a loot of various items amounting to Rs.1,69,750.00. Though the incident is of the year 2004, the present applicant and his wife were run on and ultimately, they were apprehended only on 27/6/2021 by the Police and since, then they are in jail.