MUNIRBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.I-58/2019 registered with Danta Police Station, Dist: Banaskantha, for the offence under Sections 279 , 304 , 308 , 337 , and 338 of the Indian Penal Code and Sections 177 and 184 of the Motor Vehicles Act.

(2.) Learned advocate appearing on behalf of the applicant submits that on account of mechanical fault, the alleged accident occurred, which facts having been recorded by the investigating officer. It is further submitted that, in the alleged accident, the applicant himself has lost his eye sight permanently. It is further submitted that, since from 30.09.2019, the applicant is in jail and considering the facts and circumstances of the case, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned APP appearing on behalf of the respondent - State has opposed grant of regular bail as in the alleged accident, 21 persons have lost their lives and considering the rash and negligent driving of the applicant, it has happened. Therefore, this Court may not exercise its discretion in favour of the applicant.