MANISH HIMMATBHAI PARGHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant ?original accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the First Information Report registered at the Thangadh Police Station dated 15.01.2020 vide FIR No.11211050200004 of 2020 for the offences punishable under Sections 147 , 148 , 149 , 323 , 326 , 504 and 506(2) of the Indian Penal Code and under Section 135 of the Gujarat Police Act.

(2.) Mr.Barejia, learned advocate appearing on behalf of the applicant would submit that considering the nature of the offence, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. He has further submitted that this is a case in which offence registered against the present applicant under Section 326 of the Indian Penal Code etc., but the injured person is discharged from the hospital. He has also submitted that Surendranagar Sessions Court has released total seven accused on regular bail by way of three different orders. He has also submitted that the accused who are released on bail have serious role whereas the present applicant has no serious role and only holding stick (Dhoko). Moreover, no injury on the vital part of the body inflicted by the present applicant as per the case of the prosecution and, therefore, he prays to grant the anticipatory bail to the present applicant.

(3.) On the other hand, the learned APP appearing on behalf of the respondent ?State has opposed this application for grant of anticipatory bail to the applicant looking to the nature and gravity of the offence. Mr.Trivedi, learned APP has also submitted that prosecution has mainly submitted that the applicant was absconding for a long time and, therefore, this type of benefit of parity cannot be granted. He has also submitted that the injury inflicted by all coaccused were serious one and maximum punishment for the offence punishable under Section 326 of the IPC is life imprisonment and, therefore, considering the seriousness of the offence and role of the present applicant the present anticipatory bail application requires to be rejected.