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CR.MA/1549/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1549 of
2011
=========================================================
NARESHBHAI
NATVARBHAI VASAVA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ARPIT A KAPADIA for
Applicant(s) : 1,
MR JK SHAH, ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 10/02/2011
ORAL
ORDER
RULE.
Learned APP, waives service of notice of rule on behalf of the
respondent-State.
1. The
applicant is an accused in an FIR, bearing C.R. No. II-147/2010,
registered with Bharuch City ‘A’ Division Police Station, Bharuch,
for the offences punishable under Sections-302, 323, 504, 506(2),
143, 147, 148, 149, 452 and 325 of the Indian Penal Code,
Sections-135 of the Bombay Police Act and Section-3(2)(5) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act),
1989.
2. The
complaint was lodged by one Bhavik Ashokchandra Parmar, alleging
that, on the date of alleged incident i.e. on 08.08.2010, when he
was, in the evening hours, at his home, two persons namely, one
Akshaybhai and Nareshbhai (‘Nareshbhai’, being the present
petitioner) came with two more persons and started quarreling with
him and started beating him with sticks. Sticks blows were given on
the head, legs, hands and also on the chest. His family members
intervened and saved him from further beating. These people,
thereafter, left the house, giving threats.
3. On
13.08.2010, the complainant succumbed to the injuries, while, still,
under the treatment. The Investigating Officer, therefore, submitted
a report for addition of Section-302 of the Indian Penal Code.
4. Learned
Counsel for the petitioner submitted that the investigation is over
and the charge-sheet is filed. The petitioner, therefore, be
released on bail. He relied on a bail order dated 29.12.2010, passed
by this Court(Coram: Hon’ble Mr. Justice Anant S. Dave) in Criminal
Miscellaneous Application No. 15056 of 2010, passed in the case of
one co-accused.
5. From
a perusal of the material on record, however, I find that there are
direct allegations against the present petitioner of having given
stick blows to the deceased, along with other co-accused Akshay.
Moreover, the complaint is lodged by the deceased himself, who later
on succumbed to the injuries. Further, the stick blows were given on
all parts of the body. The case of the co-accused is clearly
distinguishable. He is neither named in the FIR nor any direct role
is attributed to him. It was, therefore, in the case of one
Pravinbhai Lallubhai Vasava and another(who were not named in the
FIR) this Court granted bail, making following observations:
“5. Having
heard learned counsel for the parties and perusing the record of the
case and as per the post mortem report, the injuries to lungs and
complications which had arisen due to multiple injuries and the role
attributed to the applicant and the charge sheet is filed, I am
inclined to enlarge the applicants on bail.”
6. The
case of the present petitioner is different. The deceased himself
had filed the complaint, before his death, involving the present
petitioner and one Akshay and also described their role.
7. Under
the circumstances, no case, for granting bail, is made out. This
petition stands DISMISSED. Rule is discharged.
(AKIL
KURESHI, J.)
Umesh/
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