AFSALBHAI KASAMBHAI LAKHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C. R. No. 11202057220639 of 2022 registered with Sikka Police Station, District: Jamnagar for offences under Ss. 120 (B), 153 (A), 283 (2) (A), 294 (B), 295 (A), 298, 469, 500, 501 and 505 (2) of Indian Penal Code and under Sec. 67 of the Information Technology Act.

(2.) As per the FIR registered by one Devubhai Khaminandbhai Gadhavi on 31/12/2022. In the FIR, he has stated that on 31/12/2022 when he was surfing his Facebook page, he found Facebook page viz. Gujarat Trast Bhajpa Mast and found that there were certain posts relating to the Hon'ble Prime Minister of India and his mother. Those posts were not only offending, objectionable and abusive, the posts were such that it may affect the commune harmony as well and may create an unrest in the society and thereby, try to create enmity between two communities and has insulted the Hon'ble Prime Minister of Country and his mother and he not only did this but also tried to edit the photographs of the Hon'ble Prime Minister and by insulting derogatory remarks into those photographs, he created the aforesaid page and therefore, the FIR was registered.

(3.) After filing of charge-sheet, this application is preferred and as per learned advocate Mr. Dipen Dave appearing for learned advocate Mr. Kariyaniya, the applicant is in jail since 1/1/2023. Learned advocate Mr. Dipen Dave made only two submissions, first is that the present applicant is regretting his act and he should not have done this and he shall not do such things in future and second is that even in case of conviction, looking to the Sec. under which the FIR is registered, the maximum punishment would be five years and therefore, considering the fact that the maximum punishment would be of five years, in case if the applicant is held guilty of offence, the present applicant should be enlarged on bail.