BONI BISHANBHAI MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. J.K.Shah, learned Additional Public Prosecutor, waives service of notice of rule on behalf of the respondent State.

(2.) The applicant herein, who is the original accused in the first information report being FIR No.11213091200637 of 2020 registered with Shapar Veraval Police Station, Rajkot (Rural) for offences punishable under sections 143 , 147 , 148 , 149 , 325 , 332 , 337 , 338 , 307 , 395 , 427 , 431 , 188 and 269 of IPC, section 144 of the Code of Criminal Procedure, section 43 of the Gujarat Police Act, section 51 of the Disaster Management Act, 2005, section 3(e) and 7 of the Prevention of Destruction to Public Property Act, 1984, has preferred this application under sections 439 of the Code of Criminal Procedure seeking regular bail.

(3.) Mr.Pratikkumar Rupala, learned advocate appearing on behalf of the applicant - original accused in this these matters has emphasised on the averments made in the impugned complaint to point out that the main offences are the ones punishable under sections 395 and 307 IPC and according to the allegations made in the impugned complaint, a camera belonging to a Journalist of a Gujarati news channel (ABP Asmita) had been looted; however, the said camera was received by the news channel on the very same day. It was submitted that the said fact proves that the offence under section 395 of IPC ought not to have been invoked in the present case.