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2021 Supreme(SC) 240

RAMESH BHAVAN RATHOD – Appellant
Versus
VISHANBHAI HIRABHAI MAKWANA MAKWANA (KOLI) – Respondent


Advocates Appeared:
For the Appellant(s) :Jaikriti S. Jadeja, Advocate
For the Respondent(s):Nikhil Goel, J.S. Attri, Sr. Adv. Haresh Raichura, Saroj Raichura, Kalp Raichura, Ram Bhadauria, Aniruddha P. Mayee, Purvish Jitendra Malkan, Dharita Purvish Malkan, Jitendra M Malkan, Deepa Gorasia, Alok Kumar, Neha Ambashtha, Nandini Chhabra, Bhavna Sarkar, Advocates

JUDGMENT :

Dr. Dhananjaya Y Chandrachud, J

1. This batch of five appeals arises from orders of the High Court of Gujarat granting bail, under Section 439 of the Code of Criminal Procedure 19731[“CrPC”], to six persons who have been implicated in five homicidal deaths.

2. A First Information Report (“FIR”) being CR No 11993005200314 was registered on 9 May 2020 at Police Station Aadesar, District East Kachchh - Gandhidham for offences under Sections 302, 143, 144, 147, 148, 149, 341, 384, 120B, 506(2) and 34 of the Indian Penal Code, Sections 25(1-b) A, 27 and 29 of the Arms Act and Section 135 of the Gujarat Police Act. The appellant - Ramesh Bhavan Rathod - is the informant on whose statement, the FIR was registered at 1930 hours in respect of an incident which took place at 1300 hours. The incident took place in village Hamirpur which is at a distance of 20 kms from the police station. The incident which led to the commission of five murders had its genesis in a land dispute. The informant alleged that he and his brother Pethabhai had gone to their farm at 6:00 am. At 1 pm, the

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