LAWS(GJH)-2020-12-759

MAHENDRASINH JORUBHA ZALA Vs. STATE OF GUJARAT

Decided On December 24, 2020
Mahendrasinh Jorubha Zala Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-?State.

(2.) 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 case of his arrest in connection with the FIR No.11211016200366 of 2020 registered with Dhrangadhra Taluka Police Station, District:Surendranagar for the offences under Sections 307, 504 and 114 of IPC and Section 135 of the Gujarat Police Act and Section 25 (1), 25 (1-?b) (a) and 27 of the Arms Act .

(3.) Mr.Dagli, learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides the applicant is available during the course of investigation and will not flee away from the justice. He has vehemently submitted that other accused vi. Hardipsinh and Rajdeepsinh, who have used fire-?arms have been released on regular bail. He further stated that as per the statement of Dilipsinh, who is injured witness, he did not know as to whether there was any weapon in the hand of the applicant. He also submitted that when main accused, who have used firearms, have been enlarged on bail, the observations made by this Court in their cases, can be taken into consideration. In view of the above, he prayed that the applicant may be enlarged on anticipatory bail by imposing suitable conditions.