ABDUL FAISAL ABDULGANI SHEKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Parthiv Bhatt for the applicant, learned advocate Mr. Alak Pandya for the originalcomplainant and learned Additional Public Prosecutor Ms. C.M. Shah for the respondent-State through video conferencing.

(2.) By this application, the applicant has prayed for regular bail under section 439 of the Code of Criminal Procedure,1973 after filing of the charge-sheet. The applicant came to be arrested on 23rd September 2019 in connection with CR.NO.I-108 of 2019 registered with Gaikwad HaveliPolice Station, Ahmedabad for the offences punishable under Sections 302 , 324 , 294(B) , 307 , 114 of the Indian Penal Code and Section 135(1) of the G.P. Act.

(3.) It is alleged in the FIR that at about 1:15 a.m. on 22nd September, 2019 the complainant and his friends were standing at Naka at Hajira Pole and were talking and that point of time, the original accused nos.1 to 4 came there in a car and started givingfilthy abuses and went away from the place. It is further stated in the FIR that after some time the accused persons again came in the said car and started quarreling with Salman and Tausif friends of the first informant Zahiruddin Moinuddin Shaikh, who is brother of the deceased Riyazuddin. It is further stated that as the first informant intervened and asked his friendsto leave, the four accused persons became enraged and started giving filthy abuses to the first informant and at that time, the applicant - accused no.5 who is cousin brother of the accused no.1 - Anas Salimkhan Pathan, came there and started quarreling with the first informant. It is further stated that the brother of the first informant - deceased Riyazuddin and his son Sufiyan came there and also intervened. It is stated in the FIR that at that time the accused Sohel, Parvez and Rashid caught hold of Riyazuddin and Anas inflicted one knife blow with his knife on the chest of deceased Riyazuddin and the applicant Faisal inflicted one knife blow on the left side of chest of Sufiyan. Thereafter, Riyazuddin and Sufiyan were taken to hospital and around 2:42 a.m. Riyazuddin was declared dead by the doctor.