PRADIPBHAI BHARATBHAI TAILOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned Advocate for the appellant seeks permission to withdraw the present appeal; however makes a request to grant liberty to prefer a fresh bail application after some time. Permission, as prayed for, is granted with a liberty to move a fresh bail application after recording of deposition of important and relevant by the trial Court. It is clarified that this Court has not examined the merits of the matter and if such an application is preferred, the same shall be decided on its own merits and without being influenced by the present withdrawal.

(2.) Brief facts of the case are that the complainant has lodged the First Information Report vide impugned FIR inter- alia alleging that incident occurred on19/04/2020 and FIR came to be lodged on 20/04/2020 that before one and half month of the incident as earlier accused persons and the complainant side had some dispute and proceedings under Section 151 of Cr.PC were initiated. It is alleged that on 19/04/2020 he received the information telephonically from his brother and therefore the earlier incident the matter is settled and compromise took place, but the telephone call came at 8:00 p.m. Thereafter, at 10:30 p.m. the complainant received the information that one Sandip and Hiral has been severely beaten by someone and he has admitted in Surat Municipal Institute of Medical Education and Research, Surat Hospital where he has declared dead.

(3.) Heard learned Advocates appearing for the respective parties. Considering the police papers supplied during the course of hearing, it appears that the present appellant has not taken any part in beating the deceased; but he injured to one Mr.Hiren Babriya. Except this, no other role is attributed to the present appellant and no past antecedents are registered against the appellant and therefore, present appeal deserves consideration.