CHATURBHAI DAJIBHAI SADAMIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Khanchandani, learned advocate for the applicant and Mr. Hardik Mehta, learned APP for the respondent-State.

(2.) The applicant is the husband of the deceased who has prayed for cancellation of anticipatory bail granted to the respondent no.2 vide order dtd. 1/11/2022 passed in Criminal Misc. Application no.3030 of 2022 by the learned 9th Additional Sessions Judge, Rajkot in connection with FIR no. 11208037220444 of 2022 registered with Kuvadva Road Police Station, Rajkot City under Sec. 306 of the IPC.

(3.) Mr. Khanchandani, learned advocate for the applicant submits that the learned Sessions Judge, while granting anticipatory bail, has not considered the fact that the respondent no.2 is the husband of the Sarpanch of Kuvadva village who came to the place and harassed and threatened the wife of the applicant asking to hand over possession of the land and the temple to another person contending that the wife of the applicant had no right over it. Learned advocate for the applicant further submits that the respondent no.2 had further threatened the wife of the applicant that if she would come back, then, he would beat her, and, the pressure, harassment and the threat continued, she was constrained to consume poison which is used to kill rats. She was admitted to J.K. Patel Hospital, Rajkot and was discharged on the very next day. Thereafter, again she was admitted at Aastha Hospital, Rajkot for about 6-7 days and he stated that because of financial crunch, she was constrained to get discharge and on 7/10/2022, her medical condition deteriorated and she was taken to Rajkot Government Hospital, where she was declared dead. Learned advocate for the applicant further submits that the observation of the Judge is erroneous on record that there was no complaint from 26/9/2022 to 8/10/2022 and further stated that the respondent no.2 and his wife are head strong persons and on that ground too, has prayed for cancellation of bail and that earlier too scuffle took place between the parties.