KOLI BHIMA HARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicants-accused for releasing them on bail during the pendency and final disposal of Criminal Appeal No. 1058 of 1992 filed by the State against the judgment and order of acquittal passed by the learned Sessions Judge, Surendranagar, dated 5-8-92. On 5-4-93, while admitting the appeal, this Court issued non-bailable warrants against the present applicants-accused and pursuant to the said order they were taken into custody. Therefore, this application is filed by the applicants-accused for releasing them on bail.

(2.) Mr.Chimanlal Kella, learned advocate for the applicants, has vehemently submitted that after the order of acquittal, in an acquittal appeal, this court ought not to have issued non-bailable warrants against the accused, as the innocence of the accused is certainly not weakened by the order of the acquittal passed by the learned Sessions Judge in their favour. He further submitted that the applicant No. 2-Koli Hiraben Bhimabhai (who is the mother-in-law of the deceased) and the applicant No. 3-Koli Narottam Bhimabhai (who is the husband of the deceased) were released on bail by the court during the trial, therefore, at least they must be released on bail by this court.

(3.) The accused No. 3 is the husband of the deceased Labhuben and the accused No. 1 is the father-in-law and the accused No. 2 is the mother-in-law of the deceased Labhuben. They were tried for the offence punishable under Sections 302, 201 read with S. 114 of I.P.C. for the charge of first causing serious injuries to Labhuben on 28-6-91 at 4.00 A.M. at their house and then removing her near the field of Jivraj Talsi on the road going to the Timba and committing her murder by pouring kerosene on her person and burning her alive and, thereafter, giving false information to the police that the deceased Labhuben committed suicide.