JAGATSINH DAJIRAJ JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Section 438 of the Code of Criminal Procedure, ('Code' for short hereinafter), the petitioner has sought anticipatory bail in the event of his apprehended arrest in connection with the F.I.R. registered on 24-3-92, by PSI of Gandhidham Police Station.(Para 3)

(2.) According to the case of the petitioner the false FIR is lodged against him for the alleged offence punishable under Section 506(2) of I.P. Code, read with Section 25(1)(A) of the Arms Act and Section 135 of Bombay Police Act on account of business rivalry. (Para 4)

(3.) It is not in dispute that the present petitioner is an accused person in a murder case of one Sardarji. The petitioner is released on bail in that murder trial on the ground of his ill-health and with a view to enable the petitioner to get himself operated for by-pass surgery at Bombay. It is alleged in the FIR by the complainant Palsinh Darsansinh that on 24-3-1992 at about 7.00 p.m. the present petitioner, who is the accused in the said murder trial threatened him to kill. As per the said FIR, petitioner Jagatsinh D. Jadeja went to the Office of the complainant and called him out and told him "now I am released, whether you would like to proceed with the earlier case or you would consider about your life?" The complainant has alleged that he was also forced by the petitioner to get in his Maruti Car and when the complainant declined the petitioner has allegedly taken out a revolver and threatened him to kill. It is also found from the complaint that the petitioner also threatened other persons, who are witnesses in the said murder trial. Complaint was immediately lodged within 45 minutes narrating the entire incident. (Para 6)