VINUBHAI BHIKHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India is directed against the order dated 26th June, 2009 passed by the learned Judicial Magistrate First Class, Umreth in Criminal Case No.416 of 2009.

(2.) The facts of the case as stated in the petition are that an offence was registered as I C.R. No.23 of 2002 at Khambolaj Police Station for the offences punishable under sections 320, 307, 201, 395, 397, 435, 143, 147, 148, 149, 332, 325, 324, 323, 295, 297, 120-B, 506(2) of the Indian Penal Code and section 235 of the Bombay Police Act against the petitioners and others. Upon culmination of investigation, on 1st June 2002, the Investigating Officer submitted two charge-sheets numbered as Charge-Sheet 155A and Charge-Sheet 155B against 33 accused persons before the learned Judicial Magistrate First Class, Umreth which came to be numbered as Criminal Case No.491 of 2002. It is the case of the petitioners that though two different charge-sheets were submitted, documents like statements of witnesses, panchnamas drawn etc. are common as the Crime Register number is the same i.e. I-23 of 2002. It is further the case of the petitioners that at the relevant point of time all the petitioners had been released either on regular bail prior to or after the filing of the charge-sheet or on anticipatory bail vide orders passed in different Miscellaneous Criminal Applications by the Sessions Court. It is further the case of the petitioners that both, Charge-Sheet 155A as well as Charge-Sheet 155B contain details of the date of arrest of the petitioners and date of release of all the petitioners. It is also the case of the petitioners that the above two charge-sheets pertained to the same Crime Register Number and were numbered as Criminal Case No.491 of 2002 and after committal to the Sessions Court under section 209 of the Code of Criminal Procedure, 1973 (the Code) on 22nd April 2008 the same came to be numbered as Sessions Case No.45 of 2008, which is pending trial.

(3.) It is further stated in the petition that the investigation made by the Investigating Officer in connection with Khambolaj Police Station I C.R. No.23 of 2002 covers two incidents which are alleged to have taken place on 1st March, 2002 and 2nd March, 2002. That by 5th March, 2002 the Investigating Officer had recorded statements of witnesses under section 161 of the Code in connection with both the incidents. According to the petitioners the fact that the first bail application was made on 8th March, 2002 suggests that at the time of considering the bail application the Sessions Court had the opportunity of perusing the material collected by the Investigating Officer in relation to both the incidents. That subsequently, the Special Investigating Officer submitted a revised charge-sheet before the learned Judicial Magistrate First Class, Umreth against the present petitioners and another accused person, wherein also details of the date of arrest are mentioned. In the revised charge-sheet the Investigating Officer had made a request to the Court in column No.1 thereof, that the present petitioners were arrested and released on bail in connection with the offence registered vide I C.R. No.23 of 2002 which is only for the incident that had taken place on 1st March, 2002 and that they were not arrested in connection with the incident that had taken place on 2nd March, 2002 for which a separate charge-sheet, i.e. Charge-Sheet 156B had been submitted. The revised charge-sheet submitted by the Special Investigating Officer also pertains to the same C.R. No.23 of 2002. Though the revised charge-sheet was submitted on 24th December, 2008 the same was taken on record by the learned Judicial Magistrate First Class only on 26th June 2009 and numbered as Criminal Case No.416 of 2009. On 26th June, 2009 the learned Judicial Magistrate First Class, Umreth passed an order directing issuance of non-bailable warrants against the present petitioners. That being aggrieved by the said non-reasoned order the petitioners filed a revision application against the same before the Sessions Court being Criminal Revision Application No.474 of 2009 which came to be rejected vide order dated 9th July, 2009 which has given rise to the present petition under Articles 226 and 227 of the Constitution of India.