NAZMUDIN @ NAZMU ABUBHAI JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure for seeking regular bail in connection with the FIR, being I-C.R. No.11193052200029 of 2020 registered before Savarkundla Town Police Station, Amreli for the offences punishable under Sections 394 , 427 and 114 of the Indian Penal Code and Section 135 of the GP Act.

(2.) Mr.Gaurav Chudasma, learned advocate for the applicant, has submitted that the applicant is an innocent person and he has not committed any offence as alleged. It has further been submitted that the applicant is not convicted so far in any past offences. On the contrary, in 3 cases said to have been lodged against the applicant in past, an order of acquittal is passed. Further, the amount involved in alleged commission of crime is also not recovered from the applicant and it is recovered from other accused persons. It has further been submitted that in this case, looking to the role played by the applicant, no serious offence said to have been committed. In fact, other co-accused persons, who have been granted regular bail, are having more serious role than what the applicant is. Considering this fact that the co-accused persons have been enlarged on regular bail, the case of the applicant be also considered. It has been submitted that recently on 21.7.2020 the Coordinate Bench of this Court in case of co-accused - Hasanbhai in CR.MA No.9706 of 2020 has been granted the regular bial. Hence, considering the principle of parity also, the case of the applicant be considered.

(3.) As against the aforesaid submission, learned APP Mr.J.K.Shah has submitted that the applicant is involved in a serious commission of crime and as such, no leniency be shown and looking to the role which has been attributed in FIR, it cannot be said that he is an innocent person. However, so far as the issue of co-accused being released on bail, the learned APP has nothing much to convey and ultimately, has left it to the discretion of the Court.