MEHULBHAI BIPINBHAI TAMBOLI 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.11198067200808 of 2020 registered with Vartej Police Station, District : Bhavnagar for the offences under Sections 324 and 326 of the Indian Penal Code and under Section 135 of the G.P.Act.

(3.) Mr. Yogesh Lakhani, learned Senior Advocate assisted by Mr. Rahul Dholakia learned advocate appearing for the applicant, submits that the investigation is over and charge sheet is filed. He further submits that as such the offence alleged against the applicant is punishable under Section 324 of the IPC, however, to make such offence more serious, Section 326 of the IPC is added subsequently. It is his further submission that the injured, who happens to be real brother of the applicant, is discharged from the hospital, and now, his condition is out of danger. It is his further submission that the unfortunate incident occurred on account of re-appointment as director in the Annual General Meeting of Tamboli Casting Limited. He further submits that the applicant is ready and willing to abide by any conditions that may be imposed by this Court. He, under instructions, further submits that to take care of apprehension expressed by the original complainant that the applicant is likely to repeat the similar offence, the applicant is ready and willing to stay away from the residential bungalow, wherein, the respondent complainant and the victim/s brother/s is/are residing and also from the factory premises i.e. Tamboli Casting Limited till the trial is over. He, therefore, submits that considering the overall facts of the case, nature of the offence, the applicant may be enlarged on appropriate terms and conditions.