Bail rejection for last rites of Shankar bhai

Gujarat High Court

================================================================ vs State Of Gujarat on 27 March, 2015

     R/CR.MA/6002/2015                                       ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD



       CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL)
                           NO. 6002 of 2015

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      ASHUMAL @ ASHARAM
      SON OF THAUMAL SHINDI (HARPALANI)                 ....Applicant
           Versus
      STATE OF GUJARAT                                  ....Respondent
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Appearance:

MR PRAKASH M THAKKAR, SENIOR ADVOCATE with
MR C B GUPTA, ADVOCATE for the Applicant

MR R C KODEKAR, Special Public Prosecutor and
MR L.B.DABHI Additional Public Prosecutor for the RESPONDENT State
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        CORAM: HONOURABLE MR.JUSTICE PARESH
               UPADHYAY

                           Date : 27/03/2015


                            ORAL ORDER

1. This is an application for temporary bail.

2. The applicant is an accused in connection with CR-I No.218 of 2013 registered with Chandkheda Police Station, District: Gandhinagar, for the offences punishable under Sections 376(2)(f), 377, 354, 357, 342, 346, 506(2) and 120(b) of the Indian Penal Code, 1860. The case is already committed for Session and it is numbered as Sessions Case No.34 of 2014 with the Sessions Court, Gandhinagar.

R/CR.MA/6002/2015 ORDER

3. Learned senior advocate for the applicant has submitted that, the applicant's sister's son - Shankarbhai Lalchandbhai Pagarani has died on 19.03.2015. It is submitted that, his body is kept in a mortuary cold storage at Ahmedabad. It is submitted that, it was the wish of the said deceased that his last rituals be performed by the present applicant and for that purpose, the applicant be granted temporary bail for 30 days. It is further submitted that, the parents of the said nephew have died long back and he was staying in the Ashram of the applicant at Ahmedabad. It is further submitted that, true it is, that there are other two brothers of the deceased, who could have performed the last rites but they have disowned the said obligation for their internal social problems and therefore it is the applicant, who needs to do it. It is submitted that, the temporary bail as prayed for be granted. It is further submitted that the Sessions Court, Gandhinagar was already moved for this purpose and the same is rejected. Attention of this Court is invited to the order passed by the Sessions Court, Gandhinagar dated 25.03.2015 recorded on Criminal Misc. Application No.196 of 2015, which is on record. Learned senior advocate for the applicant has also made available to this Court, a copy of the affidavit filed by the Police Inspector, Mahila Police Station before the Sessions Court, Gandhinagar which is considered by the Court below, as reflected in para:5 of the order dated 25.03.2015.

4. Learned senior advocate for the applicant has further submitted that, at present the applicant is lodged in the Central Jail at Jodhpur (Rajasthan). He is facing trial there in connection with CR-I No. 122 of 2013 registered with Jodhpur R/CR.MA/6002/2015 ORDER Mahila Paschim Police Station for the offence punishable under Sections 376 (2)(f) and 377 of the Indian Penal Code. It is submitted that, the applicant has moved the Sessions Court, Jodhpur as well, for this purpose.

5. Learned Public Prosecutor has objected to the temporary bail being granted. Attention of this Court is invited to the affidavit filed by the Police Inspector, Mahila Police Station before the Sessions Court, Gandhinagar which is considered by the Court below. It is submitted that, this application be dismissed.

6. Having heard learned advocates for the respective parties and having considered the material on record and in totality, this Court finds that, the wish of the applicant's sister's son with regard to his last rituals is no good reason to permit the applicant to walk free, even temporarily. The Court below has not committed any error by rejecting the application for temporary bail.

7. Though this application needs to be dismissed for the reason recorded above, there is an additional dimension in this regard. The applicant has Ashrams whole over the country. He is, at least he was, seen as God by lakhs of his disciples, residing in all corners of the country. Many of his disciples would also have such desire as the applicant's sister's son is claimed to have wished. If this is accepted to be sufficient cause to grant temporary bail to the applicant, he can successfully walk free for whole of his life. Be it noted that, in the present case, the living two brothers of the deceased have filed affidavits before the Sessions Court, Gandhinagar dis-

R/CR.MA/6002/2015 ORDER owing their social obligation of performing last rituals of their brother. Without deliberating this further, suffice it to hold that, the Sessions Court has not committed any error in holding that, the cause shown is not only not sufficient, it is not genuine either. Not genuine in the sense, that the death is not disputed but the necessity of the applicant being enlarged on bail.

8. For the reasons recorded above, this application is dismissed.

(PARESH UPADHYAY, J.) M O Bhati/26