PRAVINBHAI KASHIRAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In connection with an incident which is said to have occurred on 11th September, 2008 at about 11.00 a.m. and continued even thereafter, a complaint was made at about 5.30 p.m. to the Police Inspector, Anand Police Station, by one Patel Bipin Dahyabhai and three others. In the said complaint it was alleged that on the said date at 11.00 a.m. the Respondent No. 2 and his associates together with a mob of about 20 persons carrying sticks, scythes and arms, illegally entered into Nidhwad Survey No. 66, which the complainant contended belonging to him and his family members, and threatened to dispossess them by force from the said land and even held out threats to kill the complainant and his family members if they resisted.

(2.) From the contents of the complaint itself it is clear that immediately after the said incident the petitioner tried to lodge a complaint with the Police Inspector of Anand Police Station, but such complaint was not registered and within half an hour thereafter the mob came back and assaulted the complainant and his associates with sticks and scythes and caused serious injuries to the petitioner herein and some of his other associates who had to be taken to the Anand Suvidha Hospital for treatment. In the written complaint it was mentioned that besides causing serious injuries to the complainant and his group, the Respondent No. 2 and his associates caused damage to the vehicles belonging to the petitioner. Since the complaint was not registered, the petitioner and his associates were said to have gone to the Office of the D.S.P., where they were informed that the said Officer was not available and, ultimately, the written complaint was made, in which another incident allegedly involving the snatching and theft of cash and ornaments from one Manishbhai Patel and certain other car accessories, was also included.

(3.) After the said written complaint had been made, a First Information Report was also recorded at the instance of the petitioner herein by the P.S.O., Sanand District, Ahmedabad (Rural), on 11th September, 2008, at 10.15 p.m. at V.S. Hospital, where the complainant had been referred for treatment. In the First Information Report it was stated by the petitioner that when the mob of 30 to 40 persons rushed towards the informant and his brother and nephew, the Respondent No. 2 and his son, Lalitbhai Babubhai Patel, were standing on the road beside their car and with the help of signs they are alleged to have directed the attackers to assault the petitioner and his family members. According to the Respondent Nos. 2 and 3, there is yet another version of the incident contained in a letter addressed by the petitioner and others to the Director General of Police, Gujarat, wherein it was shown that the Respondent Nos. 2 and 3 were present at Village Nighrad at the time of the alleged offence and after having directed as to how the entire operation was to be carried out, they left the place. The Respondent Nos. 2 and 3 thereafter applied for anticipatory bail and the same was allowed by the Additional Sessions Judge, Fast Track Court No. 1, Ahmedabad (Rural), Mirzapur, by his order dated 11th November, 2009. While granting the prayer of the Respondent Nos. 2 and 3 for grant of anticipatory bail, the learned trial court imposed various conditions to ensure that the investigation was not compromised in any way or that the Respondent Nos. 2 and 3 cooperated with the investigation.