SALIMBHAI ABDULGAFFAR SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. A.D.Oza learned Public Prosecutor waives Rule on behalf of the respndent -Government in all matters. All these Cri.Misc. Applications have been moved by the accused persons for bail in connection with the FIR being CR -I No. 09 of 2002 came to be registered with Godhra Railway Police Station for various offences punishable under sections 143, 147, 148, 149, 337, 338, 328, 438, 320, 307, 120 -B and 153 -A of Indian Penal Code read with section 141 and 150 and 152 of the Indian Railways ACt read with sections 3 and 4 of the Prevention of Damages of Public Property Act and also under section 135 of the Bombay Police Act. On completion of the investigation qua the present petitioners and some other accused persons arrested in later point of time, have been charge sheeted and after filing of the charge sheet the learned JMFC(Railways) at Godhra committed the case against the accused so charge sheeted to the court of Sessions, Panchmahals at Godhra and a Case being Sessions Case No. 172 of 2002 came to be registered with the Sessions Court, Panchmahals at Godhra on 22.2.2002. A report under section 172(2) of the Criminal Procedure Code (hereinafter referred to as the Code) was submitted against , in all, 57 accused persons including the present six petitioners for the offences referred to in the above said FIR.

(2.) On 20.9.2002, seven other accused persons in respect of the above said FIR have been charge sheeted and thereafter investigating agency charge sheeted 3 other accused in respect of the above said FIR and crime being CR -I No. 9 of 2002 and all these accused persons were committed to the Court of Sessions.

(3.) Petitioners of Cri.Misc. Applications Nos. 606 of 2003, 857 of 2003, 864 of 2003 and 1031 of 2003 were initially arrested for distinct offences punishable under the Indian Penal Code in connection with the incident occurred within the limits of Godhra Town Police Station. On 28.2.2002, one of the petitioners Abdulrehman Yusuf Andhia was also arrested in connection with the incident occurred in Godhra Town of 27.2.2002, the day on which said incident occurred.