A.K.SIKRI, J. - (1.) Leave granted in SLP(Criminal) No. 4965 of 2017, SLP(Criminal) No. 5086 of 2017, SLP(Criminal) No. 5309 of 2017 and SLP(Criminal) No. 5321 of 2017.
(2.) One, Amit Jethwa, stated to be an activist, who was complaining against the illegal mining in and around Gir Forest Sanctuary, was murdered. FIR being I-C.R. No. 163 of 2010 was registered on July 20, 2010 at Sola Police Station under Sections 302 and 114 of Indian Penal Code, 1860 (IPC) read with Section 25(1) of Arms Act, 1959. In this FIR, amongst others, Dinubhai Boghabhai Solanki (for short 'Mr. Solanki') and his nephew were also implicated. As per the father of Amit Jethwa (who was the complainant), State's Police showed slackness in investigating the said case. He approached the High Court for transfer of investigation and vide order dated September 25, 2012, his petition was allowed and investigation was transferred to CBI. On transfer, CBI registered RC.11(S)/2012 SCU.V/SC.II/CBI and undertook the investigation. The aforesaid order dated September 25, 2012 passed by the High Court was challenged by Mr. Solanki as well as State of Gujarat by filing special leave petitions in this Court. In the petition filed by Mr. Solanki, he had prayed for stay of operation of the judgment and order dated September 25, 2012. This miscellaneous application was dismissed and CBI was given liberty to complete the investigation. After the dismissal of his application, Mr. Solanki was arrested on November 5, 2013. Status report of the investigation was submitted by the CBI in this Court and after completion of the investigation, a supplementary chargesheet under Section 302 read with Section 120B IPC was filed before the concerned Court in January, 2014. In the chargesheet, Mr. Solanki has been arrayed as one of the main conspirators along with his nephew Pratap @ Shiva Solanki and few others. The Criminal Appeal No. 492 of 2014 arising out of SLP (Crl.) No. 8406 of 2012 filed by Mr. Solanki as well as Criminal Appeal No. 493 of 2014 arising out of SLP (Crl.) No. 8292 of 2012 filed by the State of Gujarat, challenging the order dated September 25, 2012 of the High Court, were ultimately dismissed by this Court by a detailed judgment and order dated February 25, 2014 which is reported as Dinubhai Boghabhai Solanki v. State of Gujarat, 2014(2) R.C.R.(Criminal) 19 : (2014) 4 SCC 626. However, at the same time, bail was granted to Mr. Solanki on certain conditions mentioned in Para 65, relevant portion whereof is reproduced below: "65. We are not much impressed by the submission of Mr Rohatgi that the appellant-petitioner ought to be released on bail simply because he happens to be a sitting MP, nor are we much impressed by the fact that further incarceration of the appellant-petitioner would prevent him from performing his duties either in Parliament or in his constituency. So far as the Court is concerned, the appellant-petitioner is a suspect/accused in the offence of murder. No special treatment can be given to the appellant-petitioner simply on the ground that he is a sitting Member of Parliament. However, keeping in view the fact that CBI has submitted the supplementary charge-sheet and that the trial is likely to take a long time, we deem it appropriate to enlarge the appellant-petitioner on bail, subject to the following conditions: (i) On his furnishing personal security in the sum of L 5 lakhs with two solvent sureties, each of the like amount, to the satisfaction of the trial court. (ii) The appellant-petitioner shall appear in court as and when directed by the court. (iii) The appellant-petitioner shall make himself available for any further investigation/interrogation by CBI as and when required. (iv) The appellant-petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade that person from disclosing such facts to the court or to the investigating agency or to any police officer. (v) The appellant-petitioner shall not leave India without the previous permission of the trial court. (vi) In case the appellant-petitioner is in possession of a passport, the same shall be deposited with the trial court before being released on bail."
(3.) Pursuant to the said order, Mr. Solanki was enlarged on bail on February 26, 2004.;