JAYENDRASINH ANOPSINH PADHIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this successive regular bail application filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I - 11205032210048 of 2021 with Mundra Police Station, Kachchh West Bhuj for the offences punishable under Sections 302, 343, 330, 331, 326, 212, 201, 34 and 114 of the IPC and u/s 135 of the G.P. Act., the applicant Jayendrasinh Anopsinh Padhiyar, P.I., Mundra Police Station has prayed to enlarged him on regular bail.

(2.) According to the case of the prosecution, on 13.1.2021, the first informant received call from his relative namely Kheraj that Mr. Arjan Gadhvi was illegally picked up by certain police officers of Mundra Police Station and they had illegally confined him as a suspect in the crime registered with Mundra Police Station for the offences punishable u/s 454, 457 and 380 of the IPC. The first informant visited Mundra Police Station on 16.1.2021 and said Mr. Arjan informed him that he has not committed any crime of theft and further, he had been brutally assaulted and tortured by three officers, namely Mr. Shaktisinh Gohil, Mr. Ashok Kannad and Mr. Jayendrasinh Zala. Thereafter, one Mr. Harjog Gadhvi and Mr. Shamra Gadhvi were detained on 16.1.2021 in connection with the aforesaid offences of theft and while in illegal confinement, all the three victims were brutally assaulted and tortured and due to the same, Mr. Arjan developed chest pain and he was rushed to the Hospital and was declared dead on 19.1.2021. Subsequently, Mr. Harjog Gadhvi and Mr. Shamra Gadhvi were admitted for medical treatment. However, Mr. Harjog Gadhvi succumbed on 6.2.2021 to the injuries sustained by him and therefore, present FIR.

(3.) Learned Senior Counsel Mr. JM Panchal appearing with learned advocate Mr. Dholakia for the applicant would submit that there is no any allegation as to any beating by the present applicant, but of course, being Police Inspector in charge of Mundra Police Station, he failed to perform his duties despite the fact that all the three victims were illegally arrested and detained in the police station under his charge. According to learned Senior Counsel Mr. Panchal, case of the present accused cannot go beyond Part I of section 304 of the IPC in view of exception 3 of section 300 of the IPC and therefore, his bail application may be considered in light of order passed by the Hon'ble Apex Court in case of Laxman Mahadeo Sariputra Vs. State of Maharashtra reported in 2001(4) Supreme 48301.