HC refuses to cancel bail of BJP MLA,othershttps://indianexpress.com/article/cities/ahmedabad/hc-refuses-to-cancel-bail-of-bjp-mla-others/

HC refuses to cancel bail of BJP MLA,others

The Gujarat High Court on Monday dismissed a petition that sought to cancel the regular bail granted to some accused,including BJP MLA Shankar Chaudhary,in a 2002 riot case wherein two Muslims were killed in Radhanpur town.

The Gujarat High Court on Monday dismissed a petition that sought to cancel the regular bail granted to some accused,including BJP MLA Shankar Chaudhary,in a 2002 riot case wherein two Muslims were killed in Radhanpur town.

Recently,the HC had dismissed a petition that was seeking transfer of investigation in the case to the CBI.

Special Public Prosecutor J M Panchal said that one Nanabhai Sheth had moved the bail cancellation petition on various grounds,the cardinal being the seriousness of the case.

“The petitioner had demanded the regular bail granted to around 16 accused,including Shankar Chaudhary,be cancelled as the case is very serious. However,the court rejected the petition on the ground that till date,none of the witnesses has complained against any of the accused,” said Panchal.

Advertising

He added the court has directed the state government to provide adequate security to any of the witnesses who demands the same.

According to the details,two youths were killed by rioters on March 1,2002 during the post-Godhra statewide riots.

Following the incident,police had registered a case of rioting and stated the two were killed in police firing.

Pending investigation of that case,one private complaint

was made before a concerned magisterial court in Radhanpur by Sheth alleging the youths were killed in firings done by Chaudhary.

Subsequently,the court had ordered an inquiry into the incident under the provisions of Section 156 (3) of the Criminal Procedure Code.

During this time,police added murder charge to the original complaint of rioting registered by it against a number of people,including Chaudhary,and submitted a summary report before the magisterial court recommending closure of the private complaint. But the court rejected the summary report and ordered further investigation.

The trial proceedings on the police complaint has been stayed by the HC following a petition by an eyewitness,Yakub Chauhan.

Advertising

In his petition,Chauhan has raised suspicion that the matter might get hushed up. He has claimed that if the trial in that case got over,it would render the further inquiry order of the magisterial court on Sheth’s complaint infructuous as the accused would then claim benefit of double jeopardy.