PRANAVBHAI VIJAYBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.11210048201150 of 2020 registered with Umra Police Station, Surat City for the offences under Sections 279 , 337 , 338 and 304-A etc. of the Indian Penal Code as well as under Section 177 , 134 and 184 etc. of the Motor Vehicles Act . .

(3.) Mr. Virat Popat, learned advocate appearing for the applicant, submits that during pendency of the present application, investigation is over and charge sheet is filed. He further submits that Section 304-A of the IPC has been added after the applicant is surrendered. It is his further submission that in similar facts, this Court has enlarged the accused person/s on regular bail. It is his further submission that the applicant has paid compensation of Rs.5,00,000/- (Rupees Five Lakhs Only) to the dependent/s of one of the victim. He further submits that the applicant is ready and willing to pay Rs.5,00,000/- (Rupees Five Lakhs Only) to the dependent/s of another victim immediately. He further submits that considering weak financial background of the victim, the applicant is ready and willing to pay reasonable further amount to the dependent/s of the victim. It is his further submission that applicability of Section 304-A of the IPC is a matter of evidence, which can be considered at the time of trial. He, therefore, submits that considering the overall facts and manner in which the incident happened and the nature of the offence, the applicant may be enlarged on appropriate terms and conditions.