BHARWAD SANTOSHBHAI SONDABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal by way of special leave has been filed by the complainant who is aggrieved by the order dtd. 18/2/2022, passed by the learned Single Judge of the High Court of Gujarat at Ahmedabad in a Criminal Miscellaneous Application filed by the respondent No.2 under Sec. 439 of the Code of Criminal Procedure, 1973, granting him regular bail in connection with FIR No.I-CR No.11216008210400/2021, for the offence under Ss. 302 and 114 of the Indian Penal Code, 1860 read with Sec. 30 of the Arms Act and Sec. 135 of the Gujarat Police Act.

(3.) The incident in question took place in the late hours of 17/9/2021, when as per the complainant, respondent No.2 (accused No.2) along with accused No.1 were seated together at the farm of the victim, namely, Parvinbhai and they had got into a heated argument. In the course of the said argument, on the exhortation of the respondent No.2 (accused No.2),accused No. 1 took out a revolver and fired at the victim. The allegation is that the respondent No.2 hit the deceased victim with a sword. Thereafter, they fled away from the spot in a black coloured Mercedes car. It is the case of the prosecution that the accused returned to the scene of the crime and when confronted by the appellant herein, slapped him and dragged him in their moving car due to which he suffered injuries on the head and the waist. Both the appellant and Pravinbhai were rushed to the hospital where Pravinbhai succumbed to his injuries.