KANTIJI CHANDUJI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . The petitioners are original accused Nos. 1, 2 and 4 who are involved in the offences under Sections 307,147,148, 149, 323, 324 and 504 IPC on the allegations mentioned in detail in the AIR. It may be stated that so far as the petitioner No. 1 is concerned there is an allegation that he .has given dharia blow to deceased. So far as accused No. 2 (petitioner No. 2) is concerned it is alleged that he has given dharia blow to Jivanji, brother of the complainant and Shantaben, who is brother's wife of the complainant. So far as the accused No. 4 (petitioner No. 3) is concerned it is alleged that he has given dharia blow on the head and shoulder of Maniben, mother of the complainant.

(2.) Similar application being Criminal Misc. Application, No. 2272 of 1989 was filed in this court and it was heard by Justice J. U. Mehta on 20-12-1989. In the said matter with regard to present petitioners it was observed "Looking to the part played by the petitioners No. 1,2 and 4 their application is rejected". Present application is made after the charge-sheet is filed. However, there is no substantial change in fact situation.

(3.) Mr. G. D. Bhatt, learned Addl. PP has pointed out the judgment of the Supreme Court in the case of State of Maharashtra v. Captain Buddhikota Subha Rao, AIR 1989 SC 2292. In the said case the earlier application made by the same petitioner before one Judge of the High Court were dismissed. One application which was left out was placed before some other judge and he obtained order for enlarging him on bail for two months on his furnishing security in the sum of Rs. 10.000.00 with one surety on certain terms and conditions. That very order was challanged in Special Leave Petition. The Supreme Court in the said case has observed as under: