CHANDUBHAI VITHALBHAI JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned counsel Shri Ashish Dagli for the applicants and learned APP Shri H.L. Jani for the respondent State.

(2.) THE applicants seek regular bail pending criminal appeal against conviction. Though it is true that the conviction of the present applicants is recorded by the learned Sessions Judge in the judgement under challenge for offence under section 302 of Indian Penal Code read with section 149, learned counsel Shri Dagli points out that the role of the present applicants even as per the judgement of the trial Court is of being part of a mob in which one of the persons (original accused) used firearm causing death of two persons. Counsel pointed out that there is no overt act attributed to these accused even as per the judgement of the Sessions Court. Counsel would further point out that under very similar circumstances, Division Bench of this Court in its order dated 30.1.2013 in Criminal Misc. Application No.14143/2012 has granted bail to other co-accused pending their criminal appeal. We reproduce the relevant portion of the said order :

(3.) UNDER the circumstances, the applicants are ordered to be released on bail on furnishing bond of Rs.20,000/- each with one surety of like- amount, subject to following conditions :