Rs 1.26 crore gold heist from Godhra jewellery store | ‘Unusual, surprising’: Panchmahal Sessions Court cancels bail granted by Godhra CJM to accused

Thakwani, on with premier accused Anustha Parwani, was allegedly progressive successful the heist of golden ornaments worthy Rs 1.26 crore from Dhanraj Jewellers, owned by Himanshu Advani, successful Godhra, said officials.

While Parwani, who was an worker astatine the store, is accused of allegedly stealing the jewellery and handing it implicit to her partner, Thakwani; the second is accused of mortgaging the golden ornaments successful lieu of loans astatine assorted fiscal institutions.

Thakwani was arrested connected September 3, a period aft the heist took place. He had moved a bail exertion earlier Godhra CJM JC Jani connected the aforesaid day. Investigating serviceman (IO) PM Judal astatine the clip had informed the tribunal that Thakwani had a “pacemaker fitted for a bosom ailment”.

In his petition earlier the Sessions Court, Advani contended that the accused had obtained bail from the CJM “by concealing the worldly facts astir the rejection of the anticipatory bail”. The petition besides stated that the probe serviceman of the case, portion producing the accused earlier the Court, “specifically made enactment regarding the aesculapian information of the accused, but did not disclose the information regarding rejection of his anticipatory bail.”

Panchmahal District Government Pleader RS Thakore besides pleaded connected behalf of the authorities and argued that the accused is progressive successful the committee of “offence of superior gravity”. Thakore told the tribunal that the Godhra CJM had not heard the Additional Public Prosecutor (APP) appearing successful the lawsuit portion deciding connected Thakwani’s bail plea.

“To ascertain the whereabouts of the muddamal ornaments arsenic good arsenic the currency procured by mode of indebtedness the custodial interrogation of Thakwani is of utmost request and the CJM, Godhra, without considering the gravity of the offence, has granted bail to the accused… the bid granting bail was passed by the CJM, without proceeding the APP, hence the bail granted indispensable beryllium cancelled and set-aside,” Thakore told the court.

Noting that the CCTV recordings of the bail proceeding successful the little tribunal had shown that the APP had not been summoned to marque his submission, Sessions Judge CK Chauhan said, “Considering the seriousness of issues, I person verified the CCTV footage of the applicable clip of the Court of learned Chief Judicial Magistrate. It transpires from the CCTV footage that the accumulation study on with the accused was entertained by the CJM successful his bureau chamber, alongwith advocator for the accused… Thereafter, the CJM had called the IO (Judal) successful his enclosure aft 12 minutes and thereafter decided the bail exertion successful his chamber. It is pertinent to notation present that the APP was not called by the CJM and helium (CJM) himself wrote down the arguments of the APP successful his order, without proceeding the APP.”

The tribunal besides observed successful its bid that portion the CJM had emphasised the aesculapian crushed portion granting the bail, “in enactment of this ground, nary aesculapian papers were produced earlier the CJM; the IO has not adjacent collected the aesculapian certificate to find the contiguous information of the accused.”

Stating that the IO had “laid a protective umbrella to the accused” by himself “narrating” the crushed of bail successful the tribunal accumulation report, the tribunal besides remarked successful its bid that the IO had “made a favourable endorsement successful the bail exertion truthful that the accused tin get bail easily.”

The tribunal besides rebuked the IO for sending the accused for tribunal accumulation earlier the CJM “alongwith 1 Constable” and “unusual notes”. “Thus, the IO himself has acted arsenic a defence counsel successful this case. Even so, it is rather astonishing that the learned CJM has not raised immoderate query to the Investigation Officer astir whether helium was opposing the bail oregon defending the accused.

Not lone that, the Investigation Officer has instantly withdrawn his constabulary remand application…” the Sessions Judge said. The tribunal further said, “The CJM has besides passed the bail bid successful a precise casual manner, without considering the factual aspects and gravity of this case, successful his chamber, by entertaining the accused, his Advocate AR Dave and the Investigation Officer. The CJM has besides not called the APP…” The tribunal held that portion the cancellation of bail has to beryllium “exercised with attraction and circumspection”, the bid granting bail, “which is tarnished by patent illegality oregon perversity and which does not delegate due reasons for the bid tin decidedly beryllium entertained and acceptable aside.” The tribunal directed the constabulary serviceman acrophobic to apprehension Thakwani and “subject him to judicial custody”.

Meanwhile, Panchmahal Superintendent of Police Himanshu Solanki transferred the IO Judal connected Friday.