SOHELBHAI BABUBHAI TYREWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has preferred the present application under Section 439 of the Code of Criminal Procedure, 1973 ("the Code" for short) for being enlarged on bail in connection with FIR No.I-108/2019 registered with the Gayakwad Haweli Police Station, Ahmedabad for the offence punishable under Sections 302 , 324 , 294(B) and 114 of Indian Penal Code (" IPC " for short) and Section 135 of Gujarat Police Act.

(2.) Heard Mr. Bhadresh Raju, learned advocate for Mr. A.S. Timbalia, learned advocate for the applicant, Mr. Hardik Soni, learned APP for the respondent-State and Mr. Kartik V. Pandya, learned advocate for the respondent-Original complainant.

(3.) Mr. Raju, learned advocate for the applicant submits that this Court had earlier vide order dated 12.06.2020 had enlarged the applicant on regular bail. He further submits that the order was challenged by the original complainant in the Supreme Court by filing S.L.P. (Criminal) No.3236/2020. The Supreme Court has remanded the matter for de novo hearing on account of error in order of this Court. He submits that the only role attributed to the applicant is of catching hold of the deceased- Riyazuddin while the main accused-Anas Salimkhan Pathan inflicted knife blow to him. He further submits that it was the applicant who took the deceased to the Hospital as is reveal from the FIR itself. He further submits that the applicant has no criminal antecedents of any nature. He would also submit that this Court has granted bail in number of matters, wherein, the accused had not inflicted any injury to the injured or deceased and only allegation was of catching hold of the victim. He, therefore, urges that the applicant may be enlarged on bail on appropriate conditions.