STATE OF GUJARAT Vs. HIRALAL MOTILAL ADVANI

JUDGEMENT

(1.) In the communal riots in the city of Godhra a death of a young Mahomedan boy named Mohammed Hussain Aziz Maulvi took place on 1-8-1981. During the investigation the Police arrested nine persons as the persons involved in the crime. Those persons submitted a bail application before the Sessions Court Panchmahals District at Godhra and the learned Additional Sessions Judge who heard the said application granted the same and released all the applicants of that bail application on hail Being aggrieved by the said order of granting bail the State has come to this Court for cancellation of bail.

(2.) A. N. Surti J. who heard the matter for admission issued rule only so far as present opponent no. 1 Hiralal Motilal Advani is concerned and therefore I have to hear the grievance of the State against the release of only opponent no. 1 on bail.

(3.) It should be noted that as per the evidence collected by the Police through the statements the deceased had gone to the factory of accused no. 1 (opponent no. 1) to purchase ice with his brother. It was the case that there the deceased was slapped and therefore information was conveyed to the uncle of the deceased and therefore when he went there he sacs the dead-body of the deceased near the station. Thereafter the dead-body of the deceased was taken to the hospital where post-mortem examination was done and the dead-body was thereafter burried. The incident is alleged to have taken place on 1-8-1981 at about 11.00 a.m but the complaint was given by the complainant at about 8.15 p.m. The prosecution relied on some aspects about the gunny hag with blood having been found from the shop of opponent no. 1 and also a trail of blood going from the road right upto the place where the dead-body was found lying. But it also transpired from the police papers that there were no bloodmarks in the ice factory of opponent no. 1. On over-all consideration of the evidence gathered by the police through police statements and also various panchnamas the learned Additional Sessions Judge came to the conclusion that there were no reasonable grounds to believe that the applicants-accused before him were involved in the case of murder or in a case where there is imprisonment for life and therefore he released all of them on bail.