RAMBHAI SAVDASBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 397 read with 401 of the Code of Criminal Procedure, 1973, the applicants - accused have prayed to quash and set aside the order dtd. 8/6/2023 passed below Exh.140 in Sessions Case No.14 of 2022.

(2.) Learned advocate for the applicants submits that the applicants are the original accused of Sessions Case No. 14 of 2022 and after FIR No.11218009220024 of 2022 came to be registered before the Kamlabaug Police Station, Porbandar for the offences punishable under Ss. 143, 147, 148, 149, 504, 307 and 302 of the IPC, under Sec. 25(1-b)(a) and 27 of the Arms Act and under Sec. 135 of the G.P.Act, they all were arrested and a charge sheet came to be filed before the learned Judicial Magistrate, First Class, Porbandar. That as the case was exclusively triable by the learned Sessions Court, the case was committed to the learned Sessions Court and is registered as Sessions Case No. 14 of 2022. That some of the present applicants have been released on regular bail by the Coordinate Bench of this Court and some have been released by the learned Sessions Court and all the applicants were directed not to enter into the limits of Porbandar District till the trial is over. That the charge against all the applicants is framed on 12/9/2022 and the matter is pending for evidence of the prosecution. That during pendency of the trial, the original complainant filed an application at Exh.140 on 11/5/2023 stating that the original accused be present before the learned trial Court and the learned Additional Sessions Judge, Porbandar allowed the said application and passed the impugned order dtd. 8/6/2023 and directed the applicants - original accused to remain physically present before the Court on every adjournments. Learned advocate further submits that the complainant and his family members are attacking and assaulting the accused and their family members and FIR No.11218009230480 of 2023 has been filed before Kamlabaug Police Station, Porbandar on 20/7/2023 and FIR No.11218009230716 of 2023 was filed before the same police station on 26/10/2023 in this regard. Learned advocate for the applicants submits that the applicants - original accused apprehend that they will be attacked by the original complainant and his family members as untowards incidents have taken place in the Court premises on the date of the adjourments.

(3.) In support of his submissions, learned advocate for the applicants has relied upon the decision rendered in the case of State of Maharashtra V. Dr. Praful B. Desai reported in AIR 2003 SC 2053 and has submitted that Sec. 273 of the Code of Criminal Procedure provides for the evidence to be recorded in the presence of the accused or his pleader. That the applicants are ready and willing to remain present before the Court through their advocates and conduct the matter regularly as are also willing to remain present through video conference and have also no intention to delay the trial. Moreover, a large number of witnesses have been examined and the trial is likely to conclude within a short span of time. That the learned Trial Court has not considered that this Court has specifically ordered the applicants not to enter Porbandar District as there was a possibility of some untoward incident taking place and has not considered the report of the Investigating Officer. The impugned order is absolutely perverse and unjustified and has been passed without considering the actual circumstances though brought on record by the report of the Investigating Officer and hence, the present application may be allowed and the impugned order may be quashed and set aside.