MOHMMADASIF GULAMHAIDER MANSURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being I C.R. No. 11199010210733 of 2021 registered with "A" Division Police Station, Bharuch, District Tapi, for offences punishable under Sec. 302 , 324 and 323 of Indian Penal Code and under sec. 135 of Gujarat Police Act, 1935.

(2.) Heard Mr. I.H. Syed, learned Senior Advocate alongwith Mr. Aniq Kadri, learned advocate for the petitioner.

(3.) Learned APP while referring to the statement of Salman Mansuri submitted that the present petitioner brought knife from his rickshaw and gave blows to the deceased as well as to his brother Abdul Majid. Learned APP relying on the judgment of the Hon'ble Supreme Court in the case of Jameel Ahmad v. Mohammed Umair Mohammed Haroon and another decided on 15/2/2022 in Criminal Appeal No. 230 of 2022 (Arising out of SLP (Cri.) No. 245 of 2022) and another decision of the Hon'ble Supreme Court in the case of Naveen Singh vs. State of Uttar Pradesh reported in (2021) 6 SCC 191 : AIR 2021 SC 1428, submitted that while considering the bail, the detailed examination of the witness statement would not be necessary and states that since it is an heinous crime and the present petitioner had exceeded his limit of injuring the deceased with the knife; thus urged that no discretion may be exercised in favour of the petitioner.