KAMLESH JENTIBHAI TAMBOLIYA KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned APP Mr. H.L. Jani waives service of notice of rule for the respondent ­ State.

(2.) WE have heard learned counsel Mr. Tolia for the applicants and learned APP Mr. Jani for the State at considerable length. We have also perused the judgement under challenge and materials on record. Applicants seek regular bail. Learned counsel Mr. Tolia, however, does not press this bail application for applicants No. 1,2,4 and 5.

(3.) PRIMA facie, the case of the prosecution is that there was quarrel between one of the accused with the deceased previously. On the date of the incident all five accused had come to a pan shop where the deceased was present. He had started run. He was chased by all the accused and then attacked with weapons such as knife. It is in this context that the physical disability of the said accused becomes relevant.