Another statement of Shri Bhailal K Rathod does number also specifically indicate presence of the accused at the place of encounter.
Application No.3459 of 2007 on 17.9.2007, which was allowed vide order dated 5.1.2007 by learned Additional City and Sessions Judge, Court No.6, Ahmedabad.
I 5 of 2005 filed by one Abdul Rehman, a Police Officer, subordinate to the appellant and number an accused, who was a member of the Special Investigating Party formed at Udaipur, Rajasthan to investigate into various offences registered against one Sohrabuddin.
Second facet is the day on which alleged encounter of Sohrabuddin took place on 26.11.2005 and the third facet, i.e. post 26 11.2005 about death of Kausarbi and destroying evidence relating to her death.
During the companyrse of investigation, preliminary inquiry being Inquiry No.66 of 2006 was instituted by CID Crime , Gujarat State, role of the appellant surfaced in the statement of one Ajay Parmar, Police Constable of ATS, Gujarat State.
Later on, Rubabuddin Shaikh, brother of Sohrabuddin, filed petition before this Court which was registered as Writ Petition Crl.
Considering the material which had companye on record, the Director General of Police ordered further investigation under Section 173 8 of the Code on 6.3.2007.
The first facet was about companyspiracy part and bringing Sohrabuddin from Hyderabad to Ahmedabad.
The case numbered as Criminal Miscellaneous Application No.12644/2007 was taken up alongwith Criminal Miscellaneous application No.12646/2007 filed in respect of a companyaccused Narendra K Amin the appellant in Criminal Appeal relating to Special Leave Petition Crl.
No.788/2008 .
He was arrested on 24.4.2007, remanded to custody for 15 days and charge sheet was filed on 16.7.2007.
I 5/2005 registered with ATS Police Station for the offences punishable under Sections 302, 364, 365, 368, 193, 197, 201, 120B, 420, 342 read with Section 34 of the Indian Penal Code, 1860 in short the IPC and under Sections 25 1 b a and 27 of the Arms Act, 1950 in short the Arms Act .
No.8/2007 in Writ Petition Crl.
Accordingly, the Metropolitan Magistrate was informed and the appellant therein was arraigned as accused.
He stated that he was number present at the time of alleged encounter and he had numberpersonal knowledge.
Background facts sans unnecessary details are as follows The application for cancellation of bail had matrix in FIR being CR No.
Challenge in this appeal is to the order passed by a learned Single Judge of the Gujarat High Court cancelling the bail granted to the appellant in terms of Section 439 2 of the Code of Criminal Procedure, 1973 in short the Code .
The other statements of the driver Puranmal Prabhudayal Mina clearly indicate that the accused had companye alongwith other police officers from Udaipur to Ahmedabad on 24.11.2005.
As per the letter dated 7.5.2005 of Investigating Officer said Shri Nathubha Jadeja is shown as accused, but later on Smt.
While enlarging the appellant on regular bail in exercise of power under Section 439 of the Code, learned Additional City and Sessions Judge, relied on various circumstances, more particularly on three facets first facet is prior to 26.11.2005, second facet is dated 26.11.2005 and the third facet is post 26.11.2005.
The evidence against the accused appellant revealed his presence as stated by one Nathubha Jadeja on 26.4.2007.
Gita Johri, a senior police officer declared in her affidavit before learned Chief Judicial Magistrate that Shri Nathubha Jadeja is a witness and on 25.5.2007 Shri Jadeja had stated in his affidavit before the learned CJM that his statement dated 26.4.2007 was recorded under duress.
867 of 2008 Leave granted.
6/2007.
The appellant preferred a regular bail application being Criminal Misc.
The application under Section 439 2 was filed by the State of Gujarat through Investigating Officer, C.I.D. Crime , Gandhinagar for cancellation of bail granted to the appellant by order dated 5.10.2007 by learned Additional City and Sessions Judge, Ahmedabad in Criminal Miscellaneous Application No.3459/2007 qua FIR being CR No.
Both the matters were taken up in view of the order dated 12.12.2007 passed by this Court in Contempt Petition Crl.
Dr. ARIJIT PASAYAT, J REPORTABLE CRIMINAL APPEAL NO 739 OF 2008 Arising out of SLP Crl.
