A bench of the Gujarat High Court on Tuesday granted bail to four residents of Shahpur who were accused in the case of the clash with police on May 8 when the area was under containment zone. Five other accused from the same case had to withdraw their bail plea, which was taken for hearing before another bench of the high court, with the bench reserving their right to file for regular bail after the filing of the chargesheet.
The court of Justice AG Uraizee granted bail to accused Mohammad Zuber Mirza, Ilmuddin Kagdi, Mohammad Rizwan Kagdi and Mohammadrauf Shaikh, in the case on the ground that “no specific role has been attributed to the applicants (in the FIR)…Moreover, record does not reveal that any of the police personnel had suffered injury warranting in-patient treatment”. With this, a total of nine accused now stand released on bail.
The bail application of five other accused in the case, which was taken up by Justice AJ Shastri on Tuesday, was withdrawn, with the court giving the petitioners Uvesh Ajmeri, Aadambhai Ajmeri, Sufel Ajmeri, Faizan Ajmeri and Shabbirbhai Ajmeri the liberty to move for regular bail again once the chargesheet is filed.
An FIR was filed on May 8 naming 17 persons as accused after an alleged mob of around 2,000 people resorted to stone pelting at a police team in Shahpur area of Ahmedabad, resulting in tear gas shelling and lathicharge by the police. Subsequently 27 were arrested and taken into judicial custody on May 13.
All the 27 accused in the case are charged under attempt to murder, criminal conspiracy, unlawful assembly and rioting under IPC, as well as under Section 51 (B) of the Disaster Management Act and Section 3 of the Epidemic Diseases Act.
On June 25, the court of Justice Gita Gopi had granted bail to four of the accused on the ground that no specific role was attributed to the said accused persons but rather the FIR relied on the fact that a mob of around 2000 people had gathered at the spot.
The court of Justice RP Dholaria had granted bail to another accused on July 3, on grounds of parity while also relying on the same ground as Justice Gopi did.
On June 23, a law student Farajkhan Pathan whose bail application had come up before Justice Shastri had to be withdrawn after it was submitted that the chargesheet was pending. The court had however allowed Pathan — who had to appear for an examination on July 2 — to apply before a trial court for temporary bail solely for the purpose of appearing for examination. The exam was eventually postponed, said Pathan’s lawyer.
On June 11, another accused too withdrew his bail application after it was taken up for hearing by Justice Shastri.
The accused was granted liberty to file for regular bail once the chargesheet is filed. For the seven who withdrew their applications, they can now move regular bail applications only after the chargesheet is filed, expected within a period of 90 days from judicial custody date.
Meanwhile, bail applications of 11 others are yet to be heard.
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