STATE OF GUJARAT Vs. RAKESHBHAI NARANBHAI MALI

JUDGEMENT

(1.) BY this application under section 439(2) read with section 482 of the Code of Criminal Procedure, 1973 (the Code), the applicant ? State of Gujarat has challenged the order dated 13.7.2010 passed by the learned Additional Sessions Judge, Fast Track Court No.3, Ahmedabad (Rural), Mirzapur in Criminal Miscellaneous Application No.921 of 2010 and seeks cancellation of the bail granted to the respondent accused.

(2.) THE facts of the case stated briefly are that a first information report came to be registered on 5.2.2010 for the offence punishable under section 302 of the Indian Penal Code against unknown persons vide Aslali Police Station I ? C. R. No.29/2010. Subsequently, during the course of investigation, the name of the respondent came to be revealed pursuant to which, he came to be arrested. THE respondent moved an application for regular bail before the learned Additional Sessions Judge, Fast Track Court No.3, Ahmedabad (Rural), who vide the impugned order granted regular bail to the respondent accused.

(3.) THIS court has considered the submissions advanced by the learned advocates for the respective parties and has perused the decisions cited at the bar. A perusal of the first information report indicates that the same was filed against unknown persons. However, the report submitted by the investigating officer before the learned Additional Sessions Judge indicates that during the course of investigation, the respondent herein had been traced out on the basis of the IMEI number of the mobile of the deceased which was found in the possession of the respondent-accused. The court has also perused the investigation papers which had been produced before this court by the learned Additional Public Prosecutor, which refers to the discovery panchnama whereby, at the instance of the respondent- accused, the knife used in the commission of the offence had been discovered. Moreover, considering the other evidence which has been found during the course of investigation, namely, that the blood stains found on the clothes of the accused as well the blood found on the knife discovered by the respondent are of the same blood group as that of the deceased, and considering the nature of the offence alleged against the respondent, viz., the offence of murder punishable under section 302 of the Indian Penal Code, this court is of the view that the learned Additional Sessions Judge has failed to take into consideration the relevant materials while deciding the bail application made by the respondent. On a plain reading of the impugned order it is apparent that the learned Additional Sessions Judge has ignored relevant material and without considering the gravity of the offence as well as the severity of the punishment, has enlarged the respondent on bail. The impugned order, therefore, clearly suffers from the vice of non application of mind on the part of the learned Judge as well as non-consideration of the relevant material warranting interference by this court.