HEERA BHAI & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. This is an application for grant of anticipatory bail in a case registered against the accused-petitioner in Gujarat vide F.I.R. No. 4/92 of police station Khambat City, for offences under Ss. 342, 394, 506(2) and 323 IPC.

(2.) Briefly stating the allegations in the report are that the accused Jayanti bhai, Shashikant Hirabhai Patel and Ashok Purshottam went to the residence of the complainant Rajesh Sunderlal Patel at 1.30 in the night of 13-12-91 in a Maruti Van. He was called outside saying that the parties have come from Jaipur and they went to talk about the articles, hence he should get ready and come along and with them. He therefore, accompanied them in the car which went towards Sokhada road. On his asking as to where they were taking him, he was told that he is being taken to the factory. They took him to a pump house in a field where the other accused including the petitioners were present and the 8 accused started beating him with electric wire and sticks, as a result of which he sustained several injuries. They wanted him to confess about the articles of one Ashok. It was further alleged that they had removed valuable ornaments from his body, such as golden chain, Ring, Wrist Watch etc. including a cash of Rs. 3750.00. Hirabhai threatened him with knife and told him that he should not talk about it to anyone. It is on these allegations that a case has been registered and accused are wanted in the said case.

(3.) The accused-petitioners have moved this application stating that they are respectable business men of Jaipur. Their case is that the complainant Rajesh Sunderlal Patel and one Ashok Purshottam are Commission Agents. They were taking precious stones like emerald, Nageenas etc. from the Gaddi of the petitioners at Jaipur for selling to other parties and for such sales they get their commission from the petitioners. Ashok had taken several precious stones from petitioner Nos. 2 to 4 and delivered them to Rajesh who sold them but did not remit the amount to the petitioners and thus committed breach of trust and thus defalcation, suspecting that the petitioners would get the case registered against them, he made a fictitious story in order to grave the entire sale-proceeds of the precious stones. The petitioners therefore, have prayed that anticipatory bail may be granted to them.