PRAMABHAI MAFAJI MALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-State.

(2.) Learned advocate for the applicant submits that the entire incident occurred at spur of moment as there was a commercial transaction between the complainant and the applicant. The applicant has gone to get his money back, there was a talk between the parties and both were exchanging words and at that time, in a hit of moment, the alleged incident occurred, there was no intention on the part of the applicant to cause injury to the complainant. It is further submitted that the injured has been discharged from the hospital and there are no antecedents against the present applicant. Learned advocate for the applicant on instructions also states that the applicant is ready and willing to abide by all the conditions including imposition of condition with regard to power of investigating agency to file an application before the competent Court for his remand. He has further submitted that upon filing such application by the investigating agency, the right of the applicant- accused to oppose such application on merits may be kept open. He submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.