ARBAJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a successive application for bail filed under sec. 439 of the Code of Criminal Procedure in connection with the complaint being FIR No. 11211014220088 registered with Dasada Police Station, Surendranagar for offences punishable under Sec. 332 , 333 , 504 , 506(2) and 114 of IPC and sec. 135 of the Gujarat Police Act.

(2.) Learned advocate Mr. V. B. Malik for the applicant submitted that the applicant has not played any major role in the alleged incident and that the only allegation against him is of inflicting a 'dharia' blow on one of the fingers of the complainant-victim. The major blows have been inflicted by the other accused, who have already been enlarged on bail. It was, therefore, prayed that on the ground of parity also, the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned APP submitted that the complainant had sustained several stitches on his hand because of the 'dharia' blow inflicted by the applicant. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.