SIRAJ MOHAMMAD MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these applications have been filed under Section 439 of the Code of Criminal Procedure, 1973, to release the applicants on regular bail in connection with CR No.I-64 of 2011 registered with Kausamba Police Station, Surat, for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 302, 504, 427and 120(B) of IPC and Sec.135 of B.P.Act.

(2.) Heard learned Senior Counsel, Mr.R.R.Marshall with Mr.Jigar M.Patel for the applicant in Cri.Misc.Appln.No.17879 of 2011, learned counsel, Mr.M.M.Saiyed for the applicant in Cri.Misc.Appln.No.399 of 2012, learned counsel, Mr.M.G.Nagarkar for the applicant in Cri.Misc.Appln.No.613 of 2012, learned counsel, Mr.J.M.Panchal for the applicants in Cri.Misc.Appln.Nos. 712 and 795 of 2012 and learned Special Public Prosecutor Mr.S.V.Raju for the respondent-State and Mr.Rajesh N.Modi/Mr.Mehul M.Mehta for the original complainant in all these applications.

(3.) It is mainly submitted by learned counsel, Mr.J.M.Panchal and other respective learned counsel on behalf of their respective applicants that number of persons of their group(accused side) also received serious injuries and offence was registered and in the said incident also, persons of complainant side used deadly weapons in causing serious injuries. It is further submitted that fight took place between two groups and both the groups received serious injuries and injured persons of both the groups were admitted in the hospital and, therefore, considering the role attributed to each accused, bail applications be decided. It is further submitted that no fatal injuries were caused to the deceased by any of the applicants but it is alleged that present applicants, except the applicant of Cri.Misc.Appln.No.712 of 2012 who caused injury on the chin portion of deceased, have caused injuries to the persons other than the deceased and they all were discharged from the hospital and considering all these facts, applicants may be enlarged on bail.