JALPABEN VIJAYSINH VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE impugned order of granting bail to respondent by Sessions Court, Gandhinagar is dated 3.4.2013 in Criminal Misc. Application No.160 of 2013, whereby, respondents are released on bail on furnishing solvent surety of Rs.10,000/ (Rupees ten thousand only) only with certain conditions for the offences u/Ss. 302, 307, 326, 147, 148, 149 and 114 of IPC as well as Gujarat Police Act No.135 pursuant to Ist C.R. No.209 of 2012 dated 9.10.2012 Chandkheda Police Station, Chandkheda, Ahmedabad. Charge sheet of such FIR is filed which is numbered as Sessions Case no.6 of 2013.

(2.) THE perusal of FIR at Annexure 'B' shows that there was a quarrel between neighbourer and because of the disturbance while discharging domestic waste as stated in FIR by the complainant ­ Jalpa w/o Vijaysinh D. Waghela. Her husband is driving Auto and he started his Auto early in the morning at 7 O'Clock and worked till 7 O'clock in the evening with lunch break at about 11.30 a.m., when he came to home for the lunch. It is further stated that since the tenant of respondent No.2 namely; Subhashchandra Jain has thrown waste water from first floor and since it was disturbing the complainant, she has conveyed such fact to them and thereupon respondent No.2 Subhashchandra as well as two his sons namely; Shailesh and Vikas came out and started quarrel with her regarding parking of Auto and started to beat cousin brother of the complainant namely: Karansinh @ Montu Khumansinh Bihola wherein shirt of Montu was torn in and therefore he had went to his home, whereas mother of Shailesh and Vikas had taken them inside their house but in a short when she and her husband went at their home, they heard a voice that Montu is being beaten and thereupon when she and her husband came out from house, they saw that Montu is lying on the road, whereas, Subhashchandra Jain and both his sons namely; Shailesh and Vikas were beating Montu. Shailesh was having knife in his hand and three to four knife blows were given on the chest and stomach of Montu, whereas, Subhashchandra and Vikas were beating the Montu with sticks. It is further stated that when complainant and other people had gathered above, three persons run away from the place, whereas, group who has gathered has managed to shift Montu to Parimal Hospital and then to Civil Hospital, where injured Karansinh @ Montu Khumansinh Bihola was operated. Such incident had taken place at 1.00 p.m. on 9.10.2012 and therefore complainant had lodged the complaint against respondent no.2 and his two sons as aforesaid.

(3.) AT present, we are concerned with the order, wherein, the Sessions Court has granted bail in favour of respondent No.2Vikas @ Raju Subhashchandra Jain. On perusal of such impugned judgment and order, it transpires that though there is offence u/S.302, so far as respondent no.2 is concerned, his role is categorically disclosed in the FIR that he has beaten the victim with sticks and therefore relying upon the order of anticipatory bail granted by this High Court to Gunmalaben Subhashchandra Jain in Criminal Misc. Application No.160 of 2013 and Papubhai @ Birendrakumar Jain and Nemchand Jain in Criminal Misc. Application No.2408 of 2013, respondent no.2 was also granted regular bail by the Sessions Court observing that he is doing labour work of painting and therefore, he deserves bail with some conditions.