PRAVIN MANGABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this application, the applicant had prayed for temporary bail on the ground that his brother was killed in the Court premises at Dhrangadhra and that his funeral rites were to be performed.

(2.) On 25-6-1998, we issued Rule in this matter returnable on 30-6-1998, with a direction to the respondent-State to place on record all the particulars of the incident that was said to have taken place, since the murder in the Court premises was a grave issue. Therefore, since the particulars were not placed on record, we made an order on 14-7-1998, again directing the respondent-State to place on record all the particulars of the incident in which the said person was killed in the Court compound with a knife. In that order, we recorded that earlier on 25-6-1998, we had asked the learned Additional Public Prosecutor to gather information and place it on record as to how many such incidents of murder had taken place in the past in the Courts or the Court compounds in the State. The learned Additional Public Prosecutor had, at that time, submitted that he would get the information from the State Government and place it on record and that no written directions were required to be issued at that stage. However, on 14-7-1998 the learned Additional Public Prosecutor, stated that he had information to the effect that in last one and half years, three such incidents had occurred in the Court rooms or the Court compounds at Surendranagar, Amreli and Bhavnagar. He placed on record this information. In the incident that occurred on 16-9-1997 at Bhavnagar, the person was killed in the Court room itself.

(3.) In the affidavit filed in this matter by the Police Inspector on 9-7-1998,-the following facts which are narrated would show the brazenly manner in which this gruesome murder took place in the Court premises when the deceased was taken for producing him before the Magistrate :-