SATVIR DHIRUBHAI GIDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been preferred by the applicant herein with a prayer to implead the applicant as party respondent in the proceedings of Criminal Misc. Application No.1342 of 2025 which is an application for regular bail filed by one of the accused.

(2.) Learned senior counsel Mr. Anshin Desai with learned advocate Mr. B. H. Mankad appearing for the applicant in the present application has submitted that the applicant is a victim of the offence which was committed by the respondent herein and having regard to the criminal activities in which the respondent no.2 is involved, the authorities have rightly invoked the provisions of GUJCTOC Act against him. There are three different F.I.R.s registered against the respondent no.2 and all these three F.I.R.s have been lodged against him by personnel of EDF Company of which the applicant is Managing Head and the applicant himself has suffered a murderous assault by the respondent no.2 and thus, the applicant is direct victim of the crimes committed by the respondent no.2 and the applicant is also cited as a witness in the different Charge-sheets filed against the respondent no.2 and therefore, the applicant herein is well within his rights to appear and oppose the bail application filed by the respondent no.2. As held by the Hon'ble Apex Court in its judgment rendered in the case of Jagjeet Singh and Others vs. Ashish Mishra @ Monu and Another reported in (2022) 9 SCC 321, the applicant has indefeasible rights to be heard at the stage of bail application. He has further submitted that the present application may be allowed and the applicant may be ordered to be impleaded as party respondent no.2 in the bail application filed by the respondent no.2 and also the applicant may be allowed to file cross objections to the bail application filed by the respondent no.2 herein.

(3.) Learned advocate Mr. Ashish Dagli appearing for the respondent no.2 has opposed the present application submitting that the respondent no.2 has filed an application seeking regular bail in an offence which is registered against him under the provisions of GUJCTOC Act. The GUJCTOC Act is a Code in itself which does not give any right to the victim to oppose the bail application filed by the accused. None of the provisions of GUJCTOC Act mandates that the victim is required to be heard at the stage of bail application filed by the accused nor does it create any right in favour of the victim for the said purpose. The provisions of GUJCTOC Act has an overriding effect over the provisions of Cr.P.C./BNSS and therefore, the applicant herein cannot claim rights to be heard at the stage of bail application by relying upon the judgment of Hon'ble Apex Court in the case of Jagjeet (supra). He has further submitted that if the applicant herein is allowed to appear and oppose the bail application filed by the respondent no.2, it will open the floodgates for all the victims specifically in the offence registered against the provisions of GUJCTOC Act, which is not at all the intention of the legislature. He has further submitted that if the applicant is allowed to appear and oppose the bail application, there are all chances that he may raise irrelevant objections which would prolong the hearing of the bail application. At last, the applicant can be permitted to assist the Public Prosecutor. He has, therefore, submitted to dismiss the present application.