Gujarat High Court Weekly Roundup: June 3 - June 9, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 73-77]

Jagatsinh Punjesinh Parmar Vs State Of Gujarat 2024 LiveLaw (Guj) 73

State Of Gujarat Versus Himatlal Bhailal Rajgor & Ors 2024 LiveLaw (Guj) 74

State Of Gujarat Versus Suhel Ismail Ibrahim Vora Patel 2024 LiveLaw (Guj) 75

Ashokbhai Bhurjibhai Mori @ More Versus State Of Gujarat 2024 LiveLaw (Guj) 76

State Of Gujarat Versus Shashikant Gordhanbhai Patel & Ors 2024 LiveLaw (Guj) 77

Judgments/Orders

Gujarat High Court Upholds Life Sentence Of Father For Poisoning Minor Children; Orders Criminal Action Against Wife For False Testimony

Case Title: Jagatsinh Punjesinh Parmar Vs State Of Gujarat

LL Citation: 2024 LiveLaw (Guj) 73

The Gujarat High Court has upheld the life sentence of a man convicted of murdering his two minor children by administering poison in tea, biscuits, and water.

The division bench of Justice A.S. Supehia and Justice Vimal K. Vyas observed that the appellant had committed a heinous offence without any motive, reason, or instigation.

The bench noted, "Thus, on the overall appreciation of the evidence, we are of the firm opinion that the appellant has committed a heinous offence of murdering his minor children without any motive, reason or any type of instigation. The children have suffered immense agony on their final journey of life, which has been cut short by the accused. The appellant is not worthy of any leniency; hence we find that the trial court has precisely convicted the accused for heinous offence of double murder of his children."

Use Of Counterfeit Currency In Absence Of Mens Rea Doesn't Attract Offence U/S 489B IPC: Gujarat High Court Upholds Acquittal

Case Title: State Of Gujarat Versus Himatlal Bhailal Rajgor & Ors

LL Citation: 2024 LiveLaw (Guj) 74

In a recent ruling, the Gujarat High Court upheld the acquittal of six individuals in a counterfeit currency case, dismissing the appeal filed by the State under Section 378 of the Criminal Procedure Code, 1973.

The Court maintained that the absence of mens rea, or the intention or knowledge of wrongdoing, rendered the mere use of forged or counterfeit currency notes insufficient to attract the provisions of Section 489(B) of the Indian Penal Code.

To Attract S.397 IPC, Burden Of Proof Lies On Prosecution To Establish That Alleged Robber Put The Weapon To Use: Gujarat High Court

Case Title: State Of Gujarat Versus Suhel Ismail Ibrahim Vora Patel

LL Citation: 2024 LiveLaw (Guj) 75

In a recent ruling, the Gujarat High Court acquitted a robbery accused, emphasising that to establish a charge under Section 397 of the IPC, it is essential for the prosecution to prove that the offender used a weapon, such as a knife.

The provision prescribes penalty for use of a weapon at the time of committing robbery or dacoity.

Justice Nisha M. Thakore presiding over the case, observed, “I have closely gone through the record and proceedings, more particularly, the list of muddamal and the arrest panchnama of accused at Exh.19 and Exh.21, there is no recovery of knife or any other weapon. The prosecution has maintained silence on such vital aspect. The basic requirement to attract section 397 of the I.P.C. is not fulfilled. In order to establish the charge under Section 397 of I.P.C., the burden was on the prosecution to prove that the offender has put the weapon knife to use.”

[S.349 CrPC] Court Can Sentence Witness To A Maximum Of 7 Days Imprisonment Upon Unexplained Refusal To Produce Material Evidence: Gujarat High Court

Case Title: Ashokbhai Bhurjibhai Mori @ More Versus State Of Gujarat

LL Citation: 2024 LiveLaw (Guj) 76

The Gujarat High Court has quashed the conviction of a police inspector, sentenced to seven days of simple imprisonment, for allegedly failing to produce material evidence in a trial.

The Court observed that as per Section 349 CrPC, the Court, after recording reasons, may sentence a witness for a term not exceeding seven days simple imprisonment, unless in the meantime, the witness produces the document or thing.

Oral Dying Declaration Can Form Basis For Conviction If Deponent Of Fit Mind And Truthful, But Prudent To Look For Corroboration: Gujarat HC

Case Title: State Of Gujarat Versus Shashikant Gordhanbhai Patel & Ors.

LL Citation: 2024 LiveLaw (Guj) 77

In a recent ruling, the Gujarat High Court has upheld the acquittal of an accused in a murder case, emphasising that it is prudent to look for corroboration of an oral dying declaration.

The division bench comprising Justices Ilesh J Vohra and Niral R Mehta observed, “an oral Dying Declaration can form the basis of conviction if the deponent is in fit condition to make the declaration and if it is found to be truthful. The Courts as a matter of prudence look for corroboration to oral Dying Declaration. However, if there exists any suspicion as regards the correctness or otherwise of the said Dying Declaration, the Courts in arriving at the conclusion of conviction, shall look for some corroborating evidence.”

Other Developments

Gujarat High Court Notifies Lawyers And Litigants To Settle Outstanding Court Fees For Covid-Era Cases, Urges Compliance Within 30 Days

The Gujarat High Court has issued a notification to lawyers and litigants involved in 29,466 cases, urging them to settle outstanding court fees. These cases, filed during the Covid-19 pandemic period spanning from March 22, 2020, to January 7, 2022, have been flagged by the High Court for either non-payment or insufficient payment of court fees.

The notification, issued by the High Court's registrar (judicial), directs concerned parties to make payments within 30 days from the date of the circular. Failure to comply within the stipulated timeframe will result in the outstanding court fees being recovered as arrears of land revenue, according to the Circular issued.

[Rajkot Gaming Zone Fire] Police Commissioner Files Affidavit in Gujarat High Court Explaining Permissions Granted To TRP Gaming Zone Under Gujarat Police Act

Commissioner of Police, Rajkot, IPS Brajeshkumar Jha, has filed an affidavit before the Gujarat High Court following a directive to explain the permissions granted to the TRP Gaming Zone. The High Court sought details on whether these permissions were obtained under the provisions of Section 33(w) of the Gujarat Police Act, 1951.

Jha, who assumed office on May 28, 2024, stated in his affidavit that he reviewed the case records and orders dated May 25 and May 27, 2024.

Gujarat High Court Halts Admissions At Eight Law Colleges Lacking BCI Approval

The Gujarat High Court has halted the admission process for LLB courses at eight law colleges in the state that have not received approval from the Bar Council of India (BCI). The court directed the BCI to conduct inspections of these colleges, which is a prerequisite for granting approval.

Justice Vimal K Vyas, presiding over the case, noted, “Considering the provisions of Rules 2008 and considering the judgment of the Apex Court in case of Bar Council of India vs. Bonnie FOI Law College and others [Civil Appeal No.969 of 2023 arising out of SLP (C) No.22337 of 2008], it now becomes clear that the Universities or the State cannot allot the students to colleges which are not recognized/approved by the BCI. Admittedly, at present, all the petitioners-colleges are not having any recognition/approval of the BCI. Therefore, the issues raised in the petitions deserve consideration.”

[Rajkot Gaming Zone Fire] Gujarat High Court Rebukes State Municipal Corp For Negligence; Demands Accountability From Commissioners

A special bench of the Gujarat High Court has strongly criticized state municipal corporations for their lack of accountability and failure to conduct periodic fire safety checks following the TRP Gaming Zone fire in Rajkot.

The hearing took place before a division bench comprising Justices Biren Vaishnav and Devan M. Desai.

Pursuant to the Court's earlier orders, Harshit P. Gosavi, IAS, Joint Secretary (Law & Order) in the Home Department, filed a detailed affidavit before the Court outlining the rescue operations conducted following the TRP Gaming Zone fire in Rajkot, along with subsequent significant developments.