STATE OF GUJARAT Vs. GOGANBHAI BAGHABHAI RABARI

JUDGEMENT

(1.) RULE. Heard learned A.P.P. Mr.K.P. Raval for the applicant and learned advocate Mr.P.B. Khandheria for the respondents.

(2.) BEING aggrieved and dissatisfied with the order dated 28.01.2011 passed below Exh.5 by the learned Presiding Officer, 6th F.T.C., Gondal-Upleta, Camp at Dhoraji in Criminal Misc. Application No.58 of 2011, whereby the respondents-original accused were granted regular bail in connection with the F.I.R. registered as C.R.No.I-39 of 2010 with the Upleta Police Station for the offence punishable under Sections 302,307,120(B),34,201,147,148,149 and 427 of the Indian Penal Code, Sections 25(1) and 29 of the Arms Act and Section 135 of the Bombay Police Act, 1935, the applicant-State has preferred the present application for cancellation of regular bail granted to the respondents-original accused under Section 439(2) of the Code of Criminal Procedure, 1973.

(3.) LEARNED A.P.P. Mr.K.P. Rawal submitted that while deciding Criminal Misc. Application No.58 of 2011, the learned trial Judge ought to have considered the fact that the cause of incident is very clear and believable because earlier, the brother of original accused No.1, got injury on his head and, as a result thereof, he was not able to speak and was bedridden. Keeping grudge over the said dispute, the respondents-original accused along with the other co-accused, with a common intention of taking revenge of the said dispute, constituted an unlawful assembly and attacked the complainant side and caused severe and serious injuries on different parts of their body resulting into death of two persons leaving brother of the complainant injured in the firing. The learned A.P.P. submitted that the learned trial Judge ought to have considered few relevant aspects suggesting that it is a case of two murders, there are five eye-witnesses, clear motive of taking revenge for the earlier dispute, discovery of weapons, firing with the revolver are proved and the accused persons possessing weapons are also identified in the matter. Therefore, the learned A.P.P. submitted that the present application is required to be allowed by quashing and setting aside the order dated 28.01.2011 passed by the learned Presiding Officer, 6th F.T.C., Gondal-Upleta camp; at Dhoraji in Criminal Misc. Application No.58 of 2011 and further, the respondents-original accused be directed to surrender to the jail authority.