Una Flogging Case 2016: Gujarat HC Grants Bail To 4 Accused, Orders State To Make Appropriate Arrangements For Conclusion Of Trial

The Gujarat High Court yesterday granted regular bail to four key accused in the July 2016 Una Dalig Flogging case. This is the first time in the last six years that the court has granted bail to the accused in the case.

The court observed that the accused have already served nearly six years of imprisonment, and there has been little progress in the trial of the case. The accused were allegedly a part of a group of cow vigilantes who attacked some Dalit men for skinning a dead cow in Una on July 11, 2016.

Before the Court, their counsel submitted that the appellants are in custody for more than 06 years, and considering that the investigation has been completed long back and whereas now the trial has also started, the Court may consider releasing them on regular bail.

Granting them bail, Justice Nikhil S. Kariel on Monday restricted their entry into Gir Somnath district till the deposition of the first informant and the victims are over, except for the purpose of attending the Trial Court.

The Court took into account the fact that the most serious offence under the Indian Penal Code as alleged against the appellants being offence punishable under Sections 307 and 395, having punishment of maximum 10 years of imprisonment and whereas, the Court noted, they have already undergone under-trial imprisonment for more than half of the maximum possible sentence.

The Court also noted that the period of under-trial imprisonment for offence punishable under Section 3(2)(vi) and 3(2)(vii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act i.e. for a period of 05 years has already undergone by the present appellants.

In view of this, allowing their bail plea, the Court observed thus:

"Having regard to the fact that the appellants have already undergone six years under-trial imprisonment, in the considered opinion of this Court, there may not be any negative impact on the society and whereas insofar as the prosecution witnesses are concerned, any apprehension of negative impact upon them could be allayed by imposing reasonable conditions upon the appellants."

Consequently, the appellants were ordered to be released on bail on executing a bond of Rs.25,000/- each with one surety of the like amount to the satisfaction of the Trial Court.

Significantly, the Secretary, Legal Department, State of Gujarat, was directed to make appropriate arrangements for the conclusion of the trial. In this regard, the Court said that if the State intended to retain the same Public Prosecutor, then it shall ensure that such SPP remains present before the Sessions Court on each and every date, except in case of any unforeseen emergency.

Whereas the Secretary, Legal Department was asked to assure cooperation by the Special Public Prosecutor i.e. either the present Special Public Prosecutor or any other Special Public Prosecutor as may be appointed by the State.

"The Registry shall call for the details form the Trial Court with regard to the witnesses yet to be examined and whereas the learned Sessions Court shall suggest an appropriate timeline for completion of the trial, in case of the parties concerned would co-operate and the trial being adjourned only on weekly basis. Such report shall be placed for consideration of this Court on the next date of hearing," the Court further directed.

Case title - RAMESHBHAI BHAGWANBHAI JADAV Versus THE STATE OF GUJARAT & 1 other

Citation: 2022 LiveLaw (Guj) 287

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