RAVI MOHANBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule on behalf of respondent State. By consent, Rule is fixed forthwith.

(2.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with FIR being C.R. No.A-11208037210949 of 2021 registered with Kuvadva Road Police Station, Rajkot City for offences punishable under Sec. 302 , 504 , 323 , 143 , 147 , 148 of the IPC and sec. 135 of the G.P. Act.

(3.) Mr. Vicky B.Mehta, learned advocate for the applicant submits that, no case under sec. 34 and 120B has been alleged in the FIR, while the whole sequence of the incident suggests that the deceased accompanied with complainant had gone to the mutton and fish shop of the accused - Aslamsha Fakir and Kadarsha Fakir to rebuke them since, it was alleged that because of the shop, the harassment of dogs has increased, as the dog has bitten the deceased's uncle - Samatbhai Zapda, and it is alleged that forming unlawful assembly, all the accused had given kick and fist blows to the complainant's brother - deceased Chhaganbhai. Accused - Aslamsha Fakir, Kadarsha Fakir, Gulam Hussain and the present applicant, all of them had caught hold of the deceased - Chhaganbhai from behind and friend of Aslam, Dharmesh Parmar removed the knife from his waist and gave a blow on stomach of deceased - Chhaganbhai.