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1991 Supreme(Guj) 293

B.J.SHETHNA
SATISH JAGDISHCHANDRA MISTRY – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: E.E.SAIYED, S.T.MEHTA

SHETHNA, J.

( 1 ) MR. Saiyed submitted that in this case, F. I. R. was lodged after two days of the alleged incident of kidnapping and abducting minor child rocky, but no explanation is forthcoming from the complainant for such an inordinate delay. Therefore, the petitioners should be released on bail. It is true that the F. I. R. is lodged after more than 48 hours of the incident and no explanation is given in the complaint for lodging it late by Rekhaben the mother of minor child Rocky. But, that itself would not be a ground for releasing the present petitioners on bail at this stage. The explanation for lodging F. I. R. late could be given by the complainant only at the time of recording her evidence during trial. In this case, the fact remained that a minor son of the complainant was kidnapped on 23rd. One can imagine the state of mind of the parents whose minor son is kidnapped, they will be under trauma. Before rushing to the Police, such persons would try to find out the child by any other way. They may have that apprehension in their mind that if they will approach Police, the life of their child would be in danger. Therefore, they may avoid to approach Police immediately. B












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