GIRISHBHAI BABUBHAI GARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Asmita Patel, learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondent-State.

(2.) Heard learned counsel Mr.Rajkumar Chaumal, learned counsel for the applicant and Ms. Asmita Patel, learned Additional Public Prosecutor for the respective parties.

(3.) By way of the present successive bail application under Sec. 439 of the Code of Criminal Procedure, applicant (original accused No.2)- Girishbhai Babubhai Gari seeks regular bail in connection with FIR No.11821030210549 for the offences punishable under Sec. 307, 325, 324, 452, 323, 504, 506(2), 143, 147, 148, 149 of the Indian Penal Code. As per the prosecution's case, accused No.2 and co-accused formed an unlawful assembly with a common object to kill deceased Govindbhai and to execute the common object, they assembled arms with deadly weapons at the place of the offence and assaulted the deceased with iron pipe, stick and other deadly weapons, as a result of which, the deceased sustained vital injuries and succumbed to the injuries on 9/9/2021. The applicant and co-accused were arrested. After completion of the investigation, the chargesheet came to be filed for the offence as referred above. So far as role of the applicant is concerned, it is alleged that he being a member of the unlawful assembly, armed with the iron pipes, had assaulted the deceased, as he inflicted pipe blow on the hands and on the back side of the body of the deceased.