NANJIBHAI BACHUBHAI DERANIYA 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. 11203070200230 of 2020 registered with Visavadar Police Station, District : Junagadh for the offences under Sections 302 and 114 etc. of the Indian Penal Code.

(3.) Mr. Ashish Dagli, learned advocate appearing for the applicant, submits that investigation is over and charge sheet is filed. He further submits tha the applicant is aged about 50 years and is suffering from HIV and tuberculosis. He further submit s that as per the statement of witness namely Radheubhai Devabhai, the applicant caught hold of the deceased while the accused No. 1 had inflicted blows on the deceased by a wooden plank. It is his further submission that in the incident, the applicant had also suffered injuries. Therefore, he submits that considering the nature of the offence, the applicant may be enlarged on appropriate terms and conditions.