CHANDRAKANT MEGHJIBHAI DAKI Vs. STATE OF GUJRAT

JUDGEMENT

(1.) RULE. Learned A. P. P. Mr. K. T. Dave, waives service of Rule on behalf of the respondent-State in both the matters.

(2.) BOTH the petitioners have filed the said application under Sec. 439 of cr. P. C. , who have been detained in judicial custody since July, 2007, who are in custody in connection with the offence registered at C. R. No. I-454 of 2006 with Ellisbridge Police Station, Ahmedabad. The offences have been alleged against both the petitioners and some other accused of said C. R. No. I-454 of 2006 are under Secs. 147, 148, 149, 302 read with Sec. 34 as well as read with Sec. 120b of I. P. C. and Sec. 135 (1) of Bombay Police Act. From the F. I. R. and other material collected by the Investigating Officer and from the charge-sheet, facts of the said matter are as under : on 15-6-2006, the deceased Pankajbhai Trivedi who had been to Ellisbridge gymkhana, when came out from Ellisbridge Gymkhana at about 8-15 p. m. and went near parking of Ellisbridge Gymkhana, Ahmedabad city, was assaulted by four unknown assailants around 8-15 p. m. Mr. Pankajbhai Trivedi received serious and fatal injuries which were caused with baseball bat and other deadly weapons, and therefore, he died instantaneously. Therefore, in connection of the said murder of Mr. Trivedi, one Rameshbhai, Vishwakarma has lodged f. I. R. on the same night at about 11-15 p. m. The police carried out the investigation and it revealed that deceased Pankajbhai who had criticized particular activities of the leaders of Swadhyaya Parivar, led by Pandurang athwale Shastri and Dhanshri Talwalkar known as Jaishree Didi. It appears from the papers that the said criticism was made during the life time of Athwaleji and due to that reason, huge number of followers had opposed the said conduct with strong resistance against the present deceased Mr. Trivedi and his friend circle. In connection of the said cause, numerous complaints were filed against the deceased Mr. Trivedi in different Criminal Courts for the cause of defamatory publications issued by him. So, he was arrested and then later on released on bail in September-October, 2005 and that all criminal proceedings are also still pending. From the perusal of the papers of the investigation, it transpires that certain people hatched conspiracy to commit murder of deceased Pankaj trivedi and so in the result of such conspiracy, he was assaulted on 15th night during investigation, both the petitioners were arrested and taken into custody.

(3.) DURING the pendency of the investigation, and after filing of the charge-sheet, certain miscellaneous criminal applications were filed and some of them were allowed. The present petitions have been preferred after filing of the charge-sheet.