MUKESH NATVARBHAI PATANI 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 applicants submits that the daughter of the applicant no.1 was eve teased by the complainant side and in order to scold the complainant side, they had gone to the house of the complainant where in a sudden scuffle the incident broke out and the injuries were inflicted to 14 year boy from the family of the applicant side. As such, the complaint was filed under Section 307 of the I.P.C. against the complainant side and as a counter-blast the present complaint is filed against the applicants. There was no intention to inflict injury to anybody by any of the applicants but as the complainant side started beating the applicant side, the scuffle started and as a result the injuries have been sustained by the complainant side, no serious injuries have been sustained by the complainant. It is between the private parties and not of the society and on sudden provocation, the incident occurred. Learned advocate for the applicants on instructions also states that the applicants are 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 applicants- accused to oppose such application on merits may be kept open. He submits that considering the nature of allegations, role attributed to the applicants, the applicants 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.