STATE OF GUJARAT Vs. KISHORBHAI DAMJIBHAI VITHLANI

JUDGEMENT

(1.) BY way of present petition under Section 439(2) of the Code of Criminal Procedure, the State of Gujarat has challenged the order dated 27.01.2012 passed by Learned 4th Additional Sessions Judge, Jam - Khambhaliya, District Jamnagar in Misc. Criminal Application No. 28 of 2012, by which the respondent has been released on regular bail for the offences punishable under Section 302, 323, 325 and 504 of the Indian Penal Code and Section 135(1) of the Bombay Police Act.

(2.) A brief facts emerges from the case are as under :

(3.) IT is alleged in the FIR that the reason for attack is the dispute between the accused and the father of Amitbhai who had expired two years prior to the incident. It is also alleged in the FIR that 8 days prior to the incident, Amitbhai had called Kishorbhai and some altercation took place between them. Initially, the complainant was treated at Jamnagar Hospital, however, he was transferred in a private hospital at Ahmedabad where he expired on 10.1.2012. Pursuant to the lodging of FIR, police personnel started investigation and recorded several statements of the witnesses. The accused came to be arrested by the police agency on 14.1.2012. The accused filed application under Section 439 of the Code of Criminal Procedure before the Sessions Judge and requested to release him, which was allowed by the impugned order. Hence, this petition.