LAKHMANBHAI RANMALBHAI KARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR being, C.R. No. I 121 of 2018 registered with Khambhaliya Police Station for the offence punishable under Sections 302 , 143 , 147 , 148 and 149 of the Indian Penal Code and Section 135(1) of the G.P. Act after submission of charge-sheet.

(2.) According to the case of the prosecution, the applicant - accused alongwith other co-accused assaulted deceased - Murubhai Punabhai Luna with different weapons wherein the applicant is said to have given the alleged knife blow on the leg of the deceased.

(3.) Shri Dave, learned advocate for the applicant, submitted that the applicant, who is alleged to be part of unlawful assembly and the other co-accused, who were also part of unlawful assembly armed with weapons, have been released on bail. He has further submitted that though the applicant is assigned knife in his hand and alleged to have inflicted blow on the leg, it is not a fatal injury, as could be seen from the P.M. Note. He has submitted that the cause of death reflected from the P.M. Note is due to shock and hemorrhage on account of head and chest injury. He has further submitted that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions, as other co-accused are released who were armed with pipes.