DHARMENDRA CHANDULAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is the third accused in the case where deceased Arvindbhai Patel was shot dead. The appellant is the son-in-law of first accused - Amaratbhai Bholidas Patel. The allegation is that pursuant to series of altercations and skirmishes the father (Amrit Lal) had shot his son (deceased) dead. When second accused Virendra Amrutbhai Patel moved for bail we granted an order by imposing some conditions on him as per order dated 27-11-2000 in Criminal Appeal No. 1016 of 2000. The application for bail was opposed by the State and hence the High Court refused bail as per the impugned order.

(3.) Appellant was arrested on 24-2-2000 and he is continuing in jail till now. The role attributed to this appellant is that he made an oral exhortation. Contentions have been advanced by Mr. R. K. Jain, learned Senior Counsel in favour of releasing the appellant on bail since he is already under incarceration for a long period. The State as well as the widow of the deceased opposed the application before us through their respective counsel engaged. We refrain from expressing any comment on the merits of the contentions as we did while passing the order in Criminal Appeal No. 1016/2000. Without prejudice to the aforesaid contentions we order that this appellant to be released on bail provided he will abide by the following conditions :-