NARANBHAI RAMABHAI MUNGHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. being C.R. No. 11211005220002 of 2022 registered with the Patdi Police Station, District Surendranagar for the offence punishable under Ss. 302 , 143 , 147 , 148 and 149 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(2.) Heard learned advocate for the applicant as well as learned APP for the respondent-State.

(3.) It was submitted by learned advocate for the applicant that after filing of the charge sheet applicant has approached learned Sessions Court at Dhrangadhra by way of regular bail application being CRMA No. 259 of 2022 but the same was rejected on 8/8/2022. That, the applicant has been wrongly roped in the alleged incident with a malafide intention. That, if the discovery panchnama of the alleged weapon used by the applicant is to be perused, then no blood stains were found on the said weapon and that fact clearly implies that the present applicant has not played any role in inflicting injury to the deceased. That, the applicant is aged about 61 years, who is no stretch of imagination could compete with deceased who was a well built lad. As the charge sheet has been filed, if the applicant is not released on bail, he has to suffer from pre-trial punishment. That, the applicant is having movable and immovable property and there are no chances to flee away. Hence, it was requested by learned advocate for the applicant to allow present application releasing the applicant on bail.