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CR.MA/315/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 315 of 2010
=======================================================
PRAKASHGIRI
KANTIGIRI GOSWAMI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
ZUBIN F BHARDA for Applicant(s) : 1,
MR KARTIK PANDYA APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 22/01/2010
ORAL
ORDER
The
applicant is the original accused no.2. He seeks bail pursuant to
complaint at Annexure-A. Offences alleged are punishable under
Sections 143, 147, 148, 149, 188 and 302 of the Indian Penal Code.
Previously,
the present applicant had filed bail application being Criminal Misc.
Application No.11461/2009, which was withdrawn unconditionally on
28.10.2009 after detailed arguments. Even at that time, chargesheet
was already filed. The present application is, therefore, successive
bail application without any change in circumstances.
Learned
counsel for the applicant could not point out any factor, which would
permit me to reconsider the request of the applicant for bail.
Earlier, bail application as noted above was withdrawn
unconditionally. At that stage also, the chargesheet was filed.
Additionally,
I also find that the deceased was given a knife blow by one of the
accused, after which, the applicant, who was allegedly carrying
baseball bat, gave a blow on the head of the deceased. At this stage
therefore it cannot be stated that the applicant cannot be charged
with Section 302 of the Indian Penal Code. Allegedly blow was given
by the applicant after the fatal blow was given with knife by another
co-accused. The applicant along with several persons had on account
of previous heated of exchange of words, gathered to gather and
intercepted the deceased and other friends, after which, the alleged
incident took place.
Under
the circumstances, no case for bail is made out. The application is,
therefore, dismissed.
(AKIL
KURESHI,J.)
/patil
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