HITESHBHAI JATARIYABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Appellants - Accused has filed this Criminal Misc. Application under Section 438 of the Criminal Procedure Code, 1973, claiming relief in terms of Para 12(a) and (b) as under:

(2.) Mr. C.J.Gogda, learned advocate for the Applicants have submitted that there is no specific allegation against the present Applicants. That no prima facie case is made out against the Applicants for the offence under Section 326 IPC. The Applicants will be available during the course of investigation and will not flee from justice. Learned Advocate therefore requested to allow the present Application.

(3.) Mr. H.K. Patel, learned APP for the respondent State submitted that looking to the facts and circumstances of the case, just and appropriate order is required to be passed.