ALKUBHAI BACHUBHAI KHUMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being FIR No.11198025200284 registered with Jesar Police Station, Bhavnagar for offences punishable under Sections 302, 120B, 201 and 34 of IPC and section 135 of the Gujarat Police Act.

(2.) Mr. Pravin Gondaliya, learned advocate for the applicant, submitted that in the impugned complaint the main allegations are against original accused Nos.4 and 5 and both original accused Nos.4 and 5 have been released on bail. The deceased was the stepson of original accused No.4 and stepbrother of original accused No.5.

(3.) Ms. Mehta, learned Additional Public Prosecutor, submitted that the case relates to contract killing. The applicant had given Rs.50,000/- to original accused Nos.1 and 2 for doing away the deceased and that in furtherance of a criminal conspiracy hatched by all the accused, they killed the deceased. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.