PRATAPBHAI HAMIRBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) Grieved by the order of rejection of prayer for bail for offences punishable under Sections 302, 201 and 120-B of the Indian Penal Code, 1860 (for short 'the IPC') and under Sections 25(1)(b) and 27 of the Arms Act, 1959 in Criminal Misc. Application No. 9576 of 2011 dated 26.7.2011 by the High Court of Gujarat at Ahmedabad, the appellant, accused No. 4, has preferred the present appeal by special leave under Article 136 of the Constitution.

(3.) The appellant was arraigned as an accused in crime/F.I.R. No. 163/2010 for the aforesaid offences and the investigation was conducted by the CID (Crime), Ahmedabad. The prosecution case, in brief, is that an FIR was registered against two persons on 20th of July, 2010 about 8.40 pm. They came on a Bajaj motorcycle having registration No. GJ-1-DQ-2482. At the corner of "Satyamev Complex-I", Opposite Gujarat High Court at S.G. Highway, they fired at one Amitbhai Bhikhabhai Jethwa from their country made revolver on the left part of his back and caused injuries to which he succumbed and they immediately disappeared from the scene of occurrence. After the criminal law was set in motion, the investigating agency commenced investigation and after completion, placed the charge-sheet before the competent court.