Wrongful confinement case: Non-bailable warrant issued against retired IPS officer

According to Joshi’s advocate RS Gadhvi, the incident dates back to May 6, 1984, when a delegation of local residents had gone to meet Sharma to make a representation on the alleged harassment faced by some people in connection with the investigation in a case registered in Naliya.

Apart from the complainant, the delegation comprised a number of local leaders, including local MLA Kharashankar Joshi and local Congress leader Haji Abdulla Haji Ibrahim alias Ibhla Sheth (now deceased). The complainant had alleged that when Sharma learnt about Sheth being a part of the delegation, he rebuked the MLA for bringing a “smuggler”, took him (Sheth) to an adjoining room and got him beaten up by Vasavada and two other accused police officers who have died pending trial.

The accused were facing charges of wrongful confinement, voluntarily causing hurt and criminal intimidation under the provisions of the Indian Penal Code. However, they were convicted for wrongful confinement.

According to Gadhvi, the two convicts challenged the magisterial court’s order before the sessions court and the latter confirmed the conviction on September 24.

Gadhvi said the sessions court, while confirming the duo’s conviction, had granted them stay on the order for 15 days so that they could approach the High Court.

Gadhvi added, “Today, the court issued NBW against the two accused on the basis of an application moved by us (complainant) on the ground that the order (of conviction) was stayed for 15 days and they have not got any further stay order (from the High Court).”

Meanwhile, senior advocate IH Syed, who is appearing for Sharma said, “We have moved a revision application before Gujarat High Court against the order (confirming conviction of Sharma and Vasavada) passed by the Sessions court. We have also moved applications seeking exemption from surrendering and suspension of sentence and bail…The court has reserved its judgment (yesterday)…The NBW will be challenged.”

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