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24 people saw Jaideep with sword, says SIT

Probe team opposes Jaideep Patel’s bail application.

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The Special Investigation Team (SIT) constituted by the Supreme Court to re-investigate some of the post-Godhra riots cases of 2002 filed an affidavit before the city sessions court countering the regular bail application filed by former VHP leader Jaideep Patel in the Naroda gaam case.

SIT in its affidavit said that Patel had been charged with inciting mob in the area. It said that Patel was seen passing kerosene cans to the mob and was also holding a sword. The investigating agency said in the affidavit that 24 eyewitnesses had stated that Patel was present at the spot during the riots. SIT also said that even after repeated summons, Patel did not appear before the agency to record his statements.

The agency said that six charge-sheets had been filed in the case. It also said that although there were statements of 45 witnesses against Patel, the FIR had been clubbed together with the Naroda gaam case FIR. However, the police filed a 'C' summary report, indicating lack of evidence in the case. Giving details, SIT said 49 accused in the case were arrested before the formation of SIT and 26 were arrested during the course of investigation done by SIT.

The affidavit also said that the statements of 500 witnesses had been recorded in the case. While there were 75 eyewitnesses in the case, 20 new witnesses had also given statements before SIT. The court deferred hearing in the matter to April 27.

HC rejects bail plea of accused in Bijal case

Gujarat high court on Monday rejected bail applications of five of the accused in the sensational Bijal Joshi gangrape case of 2003. While rejecting the petition filed by the five, praying that regular bail be granted to them, a division bench comprising Justice Jayant Patel and Rajesh Shukla observed that prima facie it appeared that the offence was a serious one and the contention of the defence cannot be accepted.

The court also rejected the bail plea on the ground that according to Supreme Court guidelines, once a judgment is passed no special case is made out by the accused at that stage for grant of bail. Defence lawyers of the accused had contended that the suicide note of Joshi, which had been brought on record from another case, cannot be treated as evidence and if the evidence is discarded then there are chances that bail could be granted to the five. The lawyers also contended that it could not be said that the accused had gangraped Joshi.

The five accused are Sajal Jain, Sugam alias Monty Harishankar Jaiswal, Ashok Jaiswal, Chandan Jaiswal and Dharmendra Jain. Bijal was raped by Sajal and others in a hotel in Shahibaug area on December 31, 2003. She later committed suicide on January 7, 2004. The five were sentenced to life by the sessions court last year.

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