BHARATBHAI BHIMABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are preferred against the order dated 26.02.2019 passed by the High Court of Gujarat at Ahmedabad in Criminal Misc. Application Nos.3528 of 2019 and 3529 of 2019 and order dated 07.03.2019 - "On note for speaking to minutes of order dated 26.02.2019 in R/CR.MA/3529/2019" in and by which the High Court declined to interfere with the order passed by the trial court granting bail to respondents No.2 and 3-accused No.1 and 2 and further relegating the appellant-complainant to approach the Sessions Court on the alleged breach of condition of bail and for imposing the appropriate conditions.

(3.) The father of respondents No.2 and 3-accused No.1 and 2 were loaned money by the father of complainant-Bharatbhai Bhimabhai Bharwad and due to grudge about the transactions, on 10.01.2019, the complainant-Bharatbhai and the witnesses were abused. On 10.01.2019 at 15:30 hours, Kishanbhai-respondent No.2-accused No.1 inflicted sword blow on the head of Ajitbhai (brother of complainant) and when Ajitbhai tried to save himself by lifting his hand, his left hand palm was cut. Alpeshbhai-respondent No.3-accused No.2 also dealt sword blow on the chest of Ajitbhai and when prevented, the blow caused injuries on his right hand elbow. Ravibhai-accused No.3 has dealt indiscriminate blows of stick on the complainant and caused injuries to him. Shaileshbhai-friend of complainant also sustained injuries on both of his hands. On the complaint lodged by the complainant, FIR was registered in Crime No.02/2019 at Viramgam Rural Police Station under Sections 323, 324, 326, 307, 504, 506(2) and 114 IPC.