SARVANSING OMKARSING SIKLIGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT application has been filed by the party-in-person Mangalkaur Mansing, sister of the convict Sarvansing Omkarsingh Sikligar who has been convicted for the offences punishable under Sections 395 and 397 of the Indian Penal Code and sentenced to undergo 10 years R. I. , for releasing the convict on temporary bail for a period of 30 days for some religious ceremony.

(2.) MR. M. R. MENGDEY, learned Additional Public Prosecutor has produced on record Jail sheet report signed by Deputy Superintendent, Vadodara Central Jail dated 05. 04. 2008 pointing out that one another case being Criminal Case No. 2472 of 2007 is pending against the convict in the Court of learned Chief Judicial Magistrate, Godhra for the offences punishable under Sections 394, 120b and 114 of the IPC and he was arrested on 04. 04. 2007 by the arrest warrant. Considering the fact that earlier when the very applicant preferred Criminal Misc. Application No. 1628 of 2008 in Criminal Appeal No. 71 of 2004 for releasing the convict on temporary bail, we directed the learned Additional Public Prosecutor to inquire whether any criminal case was pending against the accused or not and the report of Dy. S. P. , Panchmahals at Godhra Shri R. M. Jhala dated 17. 02. 2008 was produced submitting that the convict is not involved in any other case and/or is not arrested and /or in jail in connection with any other case except the present case, and relying upon the said report dated 17. 02. 2008 we released the convict on temporary bail. We noticed that even in the Jail sheet report submitted by the Dy. S. P. , Vadodara, Central Jail, dated 17. 02. 2008 produced in the aforesaid Criminal Misc. Application No. 1628 of 2008, there was no reference to the criminal case pending in the Court of Chief Judicial Magistrate, Godhra. We relied upon the jail sheet report submitted by the Dy. Superintendent, Vadodara Central Jail, dated 07. 02. 2008 as well as the report of In-charge Dy. S. P. , Panchmahals at Godhra, Mr. Jhala dated 17. 02. 2008 and released the convict on temporary bail. Thereafter, considering subsequent jail sheet report it was found that both the aforesaid reports were incorrect and though in another Criminal Case, being Criminal Case No. 2432 of 2001 the convict was involved, it was not pointed out to this Court. Otherwise, we would not have released the convict on temporary bail, in Criminal Misc. Application No. 1628 of 2008 as he was already in judicial custody / under arrest pursuant to the order passed by the learned Chief Judicial Magistrate, Godhra in the aforesaid case. Even if the convict would have been released by us on temporary bail, he was not required to be released, unless he is released on bail by the competent Court in that case. We are of the opinion that this Court was mislead by the In-charge Dy. S. P. , Panchmahals and Dy. Superintendent, Vadodara, Central Jail, therefore, we directed learned Additional Public Prosecutor to see that Mr. R. M. Jhala, In-charge Deputy Superintendent of Police, Panchmahals at Godhra personally remains present to explain the above and accordingly he remained present before this Court and he submitted that pursuant to the information sought by the learned APP in Criminal Misc. Application No. 1628 of 2008, he personally got the information from each Police Station inclusive of Godhra Taluka Police Station and concerned PSI of Godhra Taluka Police Station informed him in writing that the convict is not involved in any other case, even, so far as Godhra Taluka Police Station is concerned and therefore, he relied upon the report of concerned PSI of Godhra Taluka Police Station and send report to this Court.

(3.) IN view of above, Dy. S. P. , Panchmahals at Godhra filed affidavit dated 15. 04. 2008 pointing out that he was misled by Mr. A. V. Parmar, Police Sub-Inspector, Godhra Taluka Police Station and Mr. Balvantsinh Roopsinh, Assistant Sub-Inspector, Godhra Taluka Police Station. Departmental inquiry is already initiated by the D. S. P. , Panchmahals at Godhra. Mr. Dipankar Trivedi, S. P. , Panchmahals at Godhra is also personally present in the Court and has submitted that departmental inquiry is already initiated against the erring officers and same shall be concluded within a period of three months.