Ahmedabad: Gujarat High Court on Thursday suspended punishment and provided conditional guarantees to former BJP parliamentarians from Junagadh, Dinu Bogha Solanki, who had been punished with a life sentence with six other six in the murder case of Jethava activist.
It made observations that belief by the CBI court “is less likely to be maintained” and “the false implications of solanki in this case cannot be ruled”.
While suspending Solanki punishment, Joshyay Joshiyay Judicial Justice and Justice AC Joshi said that this case was based on direct evidence and solanki beliefs recorded by the CBI court was “especially based on the assumptions and unusual assumptions of the applicant.
The sentence imposed on the applicant needs to be suspended”.
The High Court said, “…
This court found Prima Facie that the beliefs recorded by the CBI court were the wrong and non-sustainable facies, QUA current applicants.” The judges further said, “We do not find the established evidence chain, which leads to the conclusion that in all crime probabilities carried out by the applicant.
We further found that direct evidence in this case not only leads to many other hypotheses than the guilt accused , Even the false implications of the applicant cannot be ruled out.
“The court quoted witnesses who had overthrown that the real problem was the battle between two political parties – Congress and BJP.
However, HC refused to stretch the problem of political motives and confirm that Solanki beliefs below 302 and 120B IPC tended to be maintained.
The High Court ordered Solanki to release so on with the Furniture RS 1 bond and the same amount of guarantee.
Solanki has been asked to deposit his passport with a court.
In 2019, a special CBI court in Ahmedabad sentenced Solanki and six others to serve a life sentence for the murder of Jethava in July 2010 in front of the campus of the High Court.
After several changes in the Gujarat police probe agent, the investigation was moved to the Central Investigation Bureau (CBI).
The trial was mired in controversy.
As many as 105 witnesses have turned into hostility from more than 190 examined by the CBI court.
The accusation of the pressure witness led HC to order a new trial in this case.
But the Supreme Court modified HC’s command and was directed for re-examining 24 main witnesses.