THE STATE OF GUJARAT Vs. PATEL RAMESHBHAI CHATURBHAI

JUDGEMENT

(1.) The State of Gujarat was aggrieved by the impugned order passed by the learned Additional Sessions Judge, Mehsana in Criminal Miscellaneous Application No. 234 of 1981 whereby the learned Sessions Judge directed each of the opponents accused to be released on bail on each of them furnishing a security in the amount of Rs. 5,000/- each with one solvent surety each in the like amount. A further condition was also imposed by the learned Additional Sessions Judge that they should not indulge in any incident involving violence nor shall engage in any activity so as to tamper with the evidence and the witnesses and shall remain present whenever required by the Investigating Agency for the purpose of investigation.

(2.) A few relevant facts giving rise to this application for cancellation of bail may be stated in brief:- The incident in question took place on 5-9-81 at 8-30 P.M. at a place at Unjha, District Mehsana, wherein a young boy aged about 21 years was alleged to have been thrown in a well by the present six opponents. It was the prosecution accusation that the incident had started just near Jogri Mata Mandir, Unjha and where the accused persons had started giving fist and kick blows to the deceased Rameshbhai, a young boy aged about 21 years. As the accused persons had started giving fist and kick blows, the unfortunate victim went towards a Neem tree which is at a distance of 700 ft. away from Jogri Mata Mandir. It was alleged by the prosecution that the accused persons had actually chased the unfortunate victim who washout to save his life; but when he came near the well, the accused persons actually bodily lifted Ramesh and threw this young boy aged about 21 years in the well which had unfortunately caused homicidal death of Ramesh.

(3.) It may be noted that the post-mortem note clearly revealed that Ramesh died a homicidal death. It may be equally noticed from the police papers, that there is a 4 fit parapet wall round the well in question. It may also be noticed that the FIR was given on the day of the incident and 3 or 4 hours after the incident, the unfortunate father who has lost his son, has moved the police by about 11-00 P.M. or 12-00 midnight.