PRAVINKUMAR CHANDRAKANTBHAI VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Court on 25.01.2019 had passed the following order;

(2.) Learned advocate Mr. Virat Popat appearing for the petitioners has urged that both the petitioners were taken into custody by the police officials of DCB Crime after about 00:00 AM today. He pointed out that the petitioners came to be arrested before this Court could consider their request for interim protection, as indicated in the earlier order. He further requested that on the last occasion, i.e. on 25.01.2019, the then learned Additional Public Prosecutor Mr. Manan Mehta had been orally instructed to convey to the Investigating Officer concerned not to arrest the petitioners, as the statements of Observers were awaited. However, instead of waiting for the matter to be taken up today, out of political vendetta, the petitioners came to be arrested after mid ­night. He submitted that both the petitioners are practicing lawyers and that the President, who has won the election, namely, Mr. Bharat Jani, has also been arraigned as an accused and he has also been arrested. According to him, the video recording also does not demonstrate any threat being administered by the petitioners, as alleged in the First Information Report.

(3.) This Court has heard Mr. Mitesh Amin, learned Public Prosecutor appearing for the respondent State. He has pointed out the statements of two persons, namely, of Mr. Dabhi recorded on 20.01.2019 and that of Mr. Pravin Raizada recorded on 21.01.2019, to make out a case that both are independent individuals and that they had seen petitioner no.1 with a Revolver. On instructions from the concerned Investigating Officer Mr. H.M. Gadhvi, who is present before this Court, learned Public Prosecutor submitted that said Mr. H.M. Gadhvi has been handed over the investigation by an order in writing issued by the Commissioner of Police on 26.01.2019 in the evening. He further urged that both the petitioners have been arrested today morning around 0930 hrs. Arrest memo has been prepared and signed by the son of the petitioners. Necessary entry has also been recorded in the Station Diary, etc.