ISHWARJI NAGAJI MALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned order dated 30.07.2021 passed by the High Court of Gujarat at Ahmedabad in Criminal Miscellaneous Application No. 9390 of 2021, by which the High Court has directed to release respondent no.2 (accused) on bail in connection with FIR registered at C.R. No. I - 11195008201056 of 2020 with Bhildi Police Station for the offences punishable under Sections 302, 120(B), 114, 304A of the IPC and under Sections 177, 184 and 134 of the Motor Vehicles Act, the father of the deceased has preferred the present appeal.

(2.) The incident in question took place on the morning of 26.12.2020 at 7:00 a.m. when respondent no.2 herein along with his wife, Daxaben (deceased) left their home in Deesa to visit Hanumanji Temple at Gela village and on their way at around 07:00 a.m. while they were walking, the deceased was hit by a speeding four-wheeler (while coloured Swift Desire) from behind and which immediately fled away. That one Sevantibhai Ranchhodji Tank, cousin of respondent no.2 lodged the FIR against unknown persons initially for the offences punishable under Sections 304A IPC and Sections 177, 184 and 134 of the Motor Vehicles Act on the basis of the story narrated by respondent no.2 that his wife was accidentally hit by a speeding car when they were walking together.

(3.) Shri Pradhuman Gohil, learned Advocate appearing on behalf of the appellant has vehemently submitted that in the facts and circumstances of the case, the High Court has committed a grave error in releasing respondent no.2 on bail.