RAJUBHAI PITHABHAI VALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. P.M. Thakkar, learned Senior Counsel appearing with Mr. N.R. Kodekar for the applicant, Mr. N.D. Nanavati, learned Senior Counsel with Mr. Tushar Sheth for the respondent -accused and Ms. Chetna Shah, learned AGP for the respondent -State.

(2.) This is an application for cancellation of successive bail granted to the original accused No. 3 and 7 -present respondents No. 2 & 3 vide order dated 13.01.2011 by the Sessions Judge, Amreli in Criminal Misc. Application No. 16 of 2011.

(3.) It is the case of the prosecution that the complainant Rajubhai Pithabhai Vala lodged an FIR on 22.05.2010 at about 13.45 hours before Amreli Taluka Police Station wherein it is alleged that at around 7.00 am the father and three sisters namely Lilaben, Induben, Hiraben of the first informant were proceeding on a bullock -cart towards Nagjibhai's farm. The first informant and his brother Jairaj @ Ghogho reached the farm by motor cycle. While the first informant and his father were busy in agricultural work at around 08.30 am, the accused No. 1 Dilu Tapu armed with a sword, accused No. 2 Dada Tapu armed with an iron pipe, accused No. 3 Bharat Tapu armed with a Gun, accused No. 4 Jagu Tapu armed with a spear , accused No. 5 Umesh Dada Dhakda armed with a sword, accused No. 6 Joru Valku Bachiya armed with a sword, accused No. 7 Sangram Rabari armed with a Lathi and accused No. 8 Girish Chunibhai armed with a dhariya came there.