SOMSINH @ SOMLA MADHIYABHAI MASANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present bail application has been filed under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with FIR being I.CR. No. 76 of 2009, registered with Kalawad Town Police Station, for the offences punishable under Sections 302, 201 and 114 of IPC and Sections 135(1) of G.P. Act.

(2.) Mr. Premal Rachh, the learned counsel appearing for the applicant would submit that there are 4 persons arraigned as accused in the crime in question including the present applicant. Out of which, the accused no.1 namely Devji Dhunuk, who is alleged to have taken deceased person with him from the house of complainant and against whom strong motive and specific role had attributed and was put to the trial and after recording all the evidence, the Sessions Court concerned has acquitted him vide order dated 3.1.2011 in Sessions Case No. 149 of 2009. Under the circumstances, it is submitted that looking to FIR and entire chargesheet papers, no specific role has been attributed to present applicant. Even his name is not named by the informant or any other witnesses. It is further submitted that except the counter of supplementary chargesheet filed by the prosecution, no specific role has been attributed to the applicant in the entire chargesheet. Learned counsel further submitted that when chargesheet is filed, there is no likelihood of tempering or hampering of the evidence. In the aforesaid contentions, it is prayed that application may be allowed.

(3.) On the other hand, learned APP has opposed the bail application contending that considering the conduct of the applicant, who has been absconded for long time and nature of accusation, the discretion may not be exercised in favour of the applicant.