PRABHUBHAI VAJUBHAI FATEPURA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application under Section 439(2) of the Code of Criminal Procedure, 1973 (for short 'the Code') is preferred by the applicant for cancellation of bail granted to the respondent no.2 by the learned Principal District and Sessions Judge, Botad vide order dated 11.08.2020 passed in Criminal Misc. Application No.423 of 2020.

(2.) I have heard Mr. N.V. Gandhi, learned advocate for the applicant and Ms. C.M. Shah, learned Additional Public Prosecutor for the respondent-State.

(3.) Mr. N.V. Gandhi, learned advocate for the applicant, submits that the respondent no.2, who happens to be original accused no.1, had caused injury to the brother of the applicant namely Rameshbhai Vajubhai Fatepara by means of deadly weapon Billhook (Dhariyu) on head, which is vital part of the body. He submits that the learned Sessions Judge has committed serious error in granting bail to respondent no.2 on the ground of parity with other co-accused persons inasmuch as other co-accused persons, who had caused injuries on the legs of the victim, which is not vital part of the body. He therefore, submits that the learned Sessions Judge has considered irrelevant material and has kept out relevant material for consideration of granting bail to the respondent no.2. In support of his submissions, he has placed reliance on the decision of the Supreme Court in case of Dr. Narendra K. Amin vs. the State of Gujarat and Another , 2008 13 SCC 584. He therefore, submits that the matter requires consideration.