TaxTMI 
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TaxTMI 
2022 (1) TMI 1495
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....ctive respondents No.1 - accused, the original complainant has preferred the present appeals. 2. For the sake of convenience, the facts in Criminal Appeal No.1655 of 2021 arising out of the impugned judgment and order dated 04.02.2019 passed in Criminal Appeal No.1502 of 2018 are narrated which are as under: 2.1 As per the case of the prosecution, the original complainant - appellant herein, her aunt Smt. Savitaben and her husband Mukeshbhai (deceased) went to collect scrap from the open space outside a factory. When they were picking scrap on the backside of the factory area, five persons (accused) came there and started abusing them and thereafter initially started beating all three of them outside the factory. That thereafter five accused persons tied Mukeshbhai - husband of the original complainant to the gate of the factory and started beating him. As per the case of the prosecution Jayaben - original complainant and her aunt were asked to leave. They left and thereafter informed their relatives and friends and when they returned, they found Mukeshbhai unconscious and seriously injured. He was taken to the hospital where he was declared dead. A First Information Re....
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....d Shri Huzefa Ahmadi learned Senior Advocate appearing on behalf of respondent No.1 - accused Tejas Kanubhai Zala and Shri Purvish Jitendra Malkan, learned counsel appearing on behalf of respondent No.1 - accused Jaysukhbhai Devrajbhai Radadiya. 5. Shri Gonsalves, learned Senior Advocate appearing on behalf of the appellant has vehemently submitted that in the facts and circumstances of the case, the High Court has materially erred in releasing the accused on bail in a case where the husband of the complainant was murdered brutally. 5.1 It is submitted that the High Court has not at all appreciated the fact that after a thorough investigation, the accused were charge sheeted for the offences under Sections 302, 342, 354, 323, 143, 147, 148, 149 of the Indian Penal Code 1860, Section 3(1)(r)(s), 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 135 of the Gujarat Police Act, 1951. It is submitted that the manner in which the accused had beaten the deceased - Mukeshbhai and due to multiple injuries he succumbed to death, the High Court while releasing the accused on bail, has not at all considered the gravity of the offenc....
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....g on behalf of the accused Tejas Kanubhai Zala, has submitted that in the present case accused has been released on bail in the month of February, 2019 and since then, he is on bail. It is submitted that after the accused has been released on bail, there are no allegations of misuse of liberty and therefore this Court may not cancel the bail granted by the High Court after two and a half years. 7.1 It is further submitted by Shri Ahmadi, learned Senior Advocate, appearing on behalf of the accused that even thereafter the trial has further proceeded and except the investigating officer (IO), most of the witnesses are examined and therefore also the bail may not be cancelled. 7.2 Shri Purvish Jitendra Malkan, learned counsel appearing on behalf of the accused - Jaysukhbhai Devrajbhai Radadiya, has adopted the submissions made by Shri Ahmadi, learned Senior Advocate appearing on behalf of the coaccused - Tejas Kanubhai Zala and has requested not to cancel bail after a period of two and a half years. 8. We have heard learned counsel appearing on behalf of the respective parties at length. 9. We have also gone through and considered the material on record. We have also gone ....
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....idering the statements of eye witnesses and that the entire incident has been recorded in the CCTV footages and the mobile phone, the High Court has committed a grave error in releasing the respective respondents No.1 - accused on bail. The judgments and orders passed by the High Court releasing the accused on bail are unsustainable both, on facts as well as on law. 9.4 Now so far as the submissions on behalf of the accused that after the accused are released on bail by the impugned judgments and orders passed by the High Court, more than two and a half years have passed and there are no allegations of misuse of liberty and therefore, the bail may not be cancelled is concerned, the aforesaid cannot be accepted. As per the settled preposition of law, cancellation of bail and quashing and setting aside the wrong order passed by the High Court releasing the accused on bail stand on different footings. There are different considerations while considering the application for cancellation of bail for breach of conditions etc., and while considering an order passed by the Court releasing the accused on bail. Once, it is found that the order passed by the High Court releasing the accuse....