DEVJIBHAI MULJIBHAI KHIMSURIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Shri R.C. Kodekar, learned APP, waives service of notice of rule, on behalf of the respondent State.

(2.) PRESENT application is filed by the petitioner -original accused a Municipal Councilor / Corporator of Rajkot Municipality, under Section 438 of the Code of Criminal Procedure for anticipatory bail in connection with complaint being C.R.I.?No. 15 of 2008 registered with Thorala Police. Station for the. offences punishable under Sections 395,188 and 427 of IPC read with Section 3(1) of Public Properties Act.

(3.) FIR being C.R. No. 1 -15 of 2008 is lodged by one Shri Amarnath Maheshbhai Mishra, the first informant on 21.5.2008 at about 3.15. hours with Thorala Police Station for the incident which is alleged to have been occurred on 20.5.2008 at about 20.30 hours alleging inter alia, that he was serving in a Petrol Pump named and called as Jaynath Traders and was serving as Filterman in said petrol pump. That at the time between 10.30 p.m. to 1 1.00 p.m. about 30 to 40 persons had come armed with stones and broken soda water bottles. It is further alleged that the said people started assaulting by pelting stones and the soda bottles on the petrol pump and they destroyed the petrol pump. It is further alleged that police, arrived at the scene, of offence, when the aforestated persons were causing destruction. The police tried to disperse the mob, however the mob was infuriated and they also tried to alight the petrol pump. The police fired tear gas shells and, therefore, mob dispersed. It is further alleged that he informed about the said incident to the owner Shri Vipulbhai Kotecha and when he arrived at petrol pump he found that there was a loss of Rs. 70,000/ - with oil worth Rs. 30,000/ - was also destroyed and a sum of Rs. 20,000/ - was also taken away by the mob. It is further alleged that it had come, to his knowledge that another petrol pump was also looted by the said mob and there also, lot of destruction was caused and, therefore, the aforesaid complaint came, to be lodged with Thorala Police. Station for the offences punishable under Sections 395, 188 and 427 of IPC read with Section 3(1) of Public Properties Act. Investigation was carried out by the Investigating Officer and during the investigation and inquiry the name of the applicant was disclosed that he was the leader of the mob and had instigated the mob and also actively participated in the commission of the. aforesaid offences. The applicant was apprehending his arrest in connection with the aforesaid complaint being C.R. No. 1 -15 of 2.008 with Thorala Police Station and, therefore, he preferred Criminal Miscellaneous Application No. 736 of 2008 before, the learned Sessions judge, Rajkot under Section 4 38 of the Code of Criminal Procedure for anticipatory bail, which came to be. dismissed by the learned Sessions judge, Rajkot by his judgment and order dated 23.7.200. Hence, the applicant has preferred present application under