Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1849 (GUJ)

Jayrajsinh Temubha Jadeja v. State of Gujarat

2017-12-01

AKIL KURESHI, BIREN VAISHNAV

body2017
ORAL ORDER : AKIL KURESHI, J. The applicant was tried for the offence of murder and other offences and acquitted by the trial court. His conviction was reversed by the High Court. He has filed appeal before the Supreme Court in which he has been granted bail on the condition that he shall remain out of the State of Gujarat and shall not enter into the State except for the purpose of attending any criminal proceedings without the prior permission of the High Court of Gujarat. He has filed this application seeking permission to enter the State by suspending the said condition contained in his bail order dated 05.10.2017 for a period of two months. 2. Three main grounds are pressed in service which are: (i) Marriage of his nephew fixed on 10.12.2017 (ii) For helping the family in agricultural operations (iii) That his wife is contesting the ensuing State Assembly elections from Gondal constituency. 3. In our order dated 23.11.2017, we had requested the learned Additional Public Prosecutor to place on record the details of all criminal cases filed against the applicant, whether pending or disposed of. Along with an affidavit dated 01.12.2017, such details have been provided. A report of the Superintendent of Police, Rajkot Rural dated 24.11.2017 is annexed with the said affidavit in which basically all three main grounds raised by the applicant have been verified and found to be correct. The details of criminal cases against the applicant include three separate cases of murder. In two of these cases, he has already been acquitted. In the third case, he has been convicted by the High Court and his appeal is pending before the Supreme Court. Besides these cases, there are several other cases of attempt to murder, rioting, offences under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Arms Act etc. These are of course old cases in which majority of them have resulted into his acquittal. Currently, there is a case arising out of C.R. No. 156 of 2012 filed before the Gondal Taluka Police Station in which offences under Sections 143, 147, 148, 324, 325, 504, 506(2) and 448 of IPC are charged against him under a charge-sheet dated 23.06.2013 4. Considering the reasons cited for relaxing the condition of not entering the State, we are inclined to suspend the condition for a limited period. Considering the reasons cited for relaxing the condition of not entering the State, we are inclined to suspend the condition for a limited period. However, we cannot lose sight of the past record of the applicant and the fact that the marriage date of the nephew of the applicant coincides with the State Assembly elections in the region. The Gondal constituency would go for voting on 09.12.2017 The campaigning would be over in the evening of 06.12.2017 All important functions as per the marriage invitation card are scheduled between 08.12.2017 and 10.12.2017 Under the circumstances, it will be open for the applicant to enter the State of Gujarat from 07.12.2017 to 17.12.2017 For such period, the condition of not entering the State shall stand suspended. Application is allowed accordingly. Rule is made absolute to the above extent.