NASIRAHMED LIYAKATALI MOHAMMEDGAUS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since, both these applications for regular bail under Sec. 439 of the Criminal Procedure Code are preferred in connection with the same offence registered as FIR being 1 st C. R. No. 24 of 2013 registered with Ranip Police Station, District:- Ahmedabad for the offences punishable under Sec. 224 , 120 B and 511 of the Indian Penal Code and sec. 45 of Prison Act. Both these applications were heard together and are now being decided together.

(2.) Learned advocate Mr. Vatsa appearing for the applicants and learned P.P. Mr. Mitesh Amin assisted by learned APP Mr. Hardik Soni and Mr. Dhavan Jayswal for the respondent - State were heard on 27/4/2023 and the matter was kept for orders today i.e. on 5/5/2023.

(3.) As per the FIR, it was alleged by the first informant Govindbhai Muljibhai Lakum, Subedar, Sabarmati Central Jail that when he along with another person on duty, went for rounds at around 9 a.m. from the front to the back of the yard in the morning of 10/2/2023, they saw a netting-spread on the ground at the back-side of the yard 4/1. Upon lifting the netting, they got suspicious because no such thing was spread anywhere else in the jail. So, they got another two guards from Yard No. 5 to assist them in order to check back-side of Yard No. 4 where there is a toilet-bathroom. At that time, two persons saw them and ran inside the barracks which made them more suspicious. When they checked the area around the toilet-bathroom, behind a tank of water, they saw a blanket ("DHABDO") in the ground with dry grass spread on it. When they removed the grass, they saw that there was a hole dug in the ground, about 10-12 feet deep. The FIR came to be lodged against the 14 prisoners including the present applicants.