RATANSINH 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 FIR being C.R. No.11208056201247 of 2020 registered with Thorada Police Station, Rajkot City for offences punishable under sections 302, 323, 504, 143, 147, 148, 149 of IPC and Section 135 of the G.P. Act.

(2.) Mr. J.M.Panchal, learned Senior Advocate with Mr. Ashish Dagli, learned advocate for the applicant submitted that the cause on which the complaint has been filed is not genuine. Mr. Panchal, learned Senior Advocate has submitted that therefore the allegation that the deceased had asked the accused Nos. 4 and 5 not to have their illicit business of liquor in the area and keeping that grudge, the accused had formed an unlawful assembly and inflicted blows on the deceased would loose weight. Mr. Panchal, learned Senior advocate submitted that no case of bootlegging is filed against accused Nos. 4 and 5 in any of the Police Station. Rather referring to twelve cases against the deceased Dharmesh Chavda at Thorada Police Station, Mr. Panchal submitted that the case under Prohibition Act and under Section 448 and 452 of the IPC had been filed against the accused which shows that he has a history of extortion. Mr. Panchal submitted that the decased was a bully and was threat to the neighbourhood. Referring to the cross complaint filed by Mr. Maulik Parmar, Mr. Panchal learned Senior Advocate submitted that the present applicant is accused No.1 and paternal uncle of Maulik and the deceased in drunkard state had come with a knife and had inflicted blows on Maulik and accused No.1 i.e. the present applicant had to intervene and had asked the deceased to restrain, but the deceased continued with the illegal act and thus to protect Maulik, the present applicant had given counter blows in his self-defence which subsequently has led to his death. It was, therefore, prayed that the present application may be allowed and the applicant herein may also be released on regular bail.

(3.) Ms. Nisha Thakore, learned Additional Public Prosecutor, submitted that there are about six incised wounds on the body of the deceased. The facts of the case itself suggest the intention of the applicant and has prayed that no discretion may be exercised in favour of the applicant.