JAYANTIBHAI GANDAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant, by way of this application filed under Sec. 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R.No. 11191023211914 of 2021 registered with Vadaj Police Station, Dist. Ahmedabad for the offence punishable under Ss. 302, 323, 294(b), 506(2) & 114 of the Indian Penal Code.

(2.) Brief facts leading to present application are that, on the day of incident, on the petty issue, minor scuffled took place between the applicant and his brother Dineshbhai and other family members, who are residing in the same vicinity, where the incident took place. When the applicant was working nearby his house, his brother and his wife were passing on his vehicle, on issue to some obstructions on the way, minor scuffled between the parties took place. Meanwhile, the deceased (father of the applicant) intervened in the dispute, at that time, the applicant gave push to his father, as a result of which, the deceased fell down on the hard surface of the floor. Thereafter, the deceased was immediately taken to Civil Hospital, Ahmedabad for treatment, and later on he died.

(3.) Initially, the offence was registered under Ss. 323 , 324, 294(B), 506(2) and 114 of the IPC against the applicant herein and daughter-in-law. After 3 days of incident, under Sec. 302 of the IPC is registered against the present applicant and his daughter. The accused No.2 being a lady accused, has already been enlarged on bail. The applicant herein had preferred the application for regular bail before the Court concerned and the same was rejected observing that the offence is grave in nature.