JETHSURBHAI LAGHUBHAI KHAVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed seeking bail under Sec. 438 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C .) to the applicant in connection with F.I.R. being C.R.No.11211045210344 of 2021 registered with Sayla Police Station, District Surendranagar.

(2.) It is the case of the first informant that the accused, in criminal conspiracy with each other intentionally hit the Bolero car of the first informant with a dumper and after the Bolero car toppled over, the accused came out with the sticks, pipes, dhariyas and a gun and attacked the first informant, which led to multiple injuries on his body and thereafter, he succumbed to his injuries and, therefore, Sec. 302 of the Indian Penal Code, 1860 ( IPC ) was added to the F.I.R. Accused No.2-Jethsurbhai is the uncle of the applicant. The accused has given an additional statement, wherein the role attributed to the applicant is not that of being present at the scene of offence but of being the mastermind behind the attack.

(3.) Learned senior advocate Mr.I.H.Syed on behalf of the applicant has submitted that the applicant is falsely arraigned as an accused in the impugned F.I.R. and the role attributed to him by the first informant in the original F.I.R. dtd. 6/12/2021 is that the applicant was allegedly present at the scene of offence however, the fact is that he was not present and accordingly, the applicant preferred a representation dtd. 10/12/2021 to the Police Inspector with regard to his non-presence at the scene of offence. He has submitted that the applicant was compelled to prefer the writ petition under Article 226 of the Constitution of India before this Court being Special Criminal Application No.12797 of 2021, wherein this Court had directed the investigating agency to consider the representation dtd. 10/12/2021. It is submitted that thereafter, in the charge-sheet papers, it was mentioned that in fact, the applicant was the main conspirator. He has submitted that the warrant of arrest under Sec. 70 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C .") has been issued against the applicant however, no opportunity of hearing is given to him. Learned senior advocate Mr.Syed has further submitted that the applicant is thus, falsely implicated in the entire offence and hence, the present anticipatory bail may be granted to the applicant.