ROBINSINH RAJUBHA ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to amend is granted.

(2.) Ms. Bhakti Joshi, learned advocate for the petitioners submitted that earlier there was some dispute between the complainant side and the accused, and thus keeping the grudge, on 13/10/2021 it is alleged that the petitioner No.1 of Criminal Misc. Application No. 3614 of 2022 had given injury on the hand of the complainant, after they had come for settlement and thereafter it is alleged that the others had gathered, and according to the prosecution case, the petitioner of Criminal Misc. Application No. 3614 of 2022 had caused injury on the abdomen part of the complainant and the petitioner of Criminal Misc. Application No. 3650 of 2022 had caused injury on the chest of the complainant. Learned advocate for the petitioners referring to the FIR submitted that there is a delay of two days in filing the FIR, and further states that the injury on the chest and leg is stated to be simple by the complainant himself, and further submitted that, immediately after the injury, the petitioner had not approached the police and injury certificate also suggest that he got admitted in the hospital on 14/10/2021 and was discharged on 19/10/2021. Referring to subsequent FIR on 29/12/2021 learned advocate for the petitioner submitted that the complainant himself is a head strong person and has been accused under the Arms Act. It was, therefore, prayed that the present application may be allowed and the petitioners herein may be released on regular bail.

(3.) Learned APP referring to the injury certificate submitted that the history before the doctor disclosed the date and time of the incident. Learned APP further submitted that the injury is shown to be stab wound, and as per the medical certificate, the intestinal coil is exposed for about 6 cm, and thus considering the injury, learned APP urged that no discretion may be exercised in favour of the petitioners.