SAHIL ILIYASALI SAIYAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present second successive bail application is filed under Sec. 439 of the Code of Criminal Procedure, 1973 ('Code' for short), for regular bail in connection with FIR being C.R. No.I- 100/2018 registered with Kalol Taluka Police Station, Gandhinagar for offences under Ss. 302 , 120(B) , 34 , 147 , 148 and 149 of the Indian Penal Code (' IPC ' for short) and Sec. 135 of the Gujarat Police Act.

(2.) The crux of the FIR is as under, The accused persons in connivance with each other, keeping grudge about the dispute going on between the community of Hindu and community of Muslim, have hatched conspiracy and assaulted one Ashokbhai Ranchhoddas Patel with sharp cutting weapons and hard substance on head and left leg and thereby caused severe injuries and because of which, he succumbed to the same and thereby the accused have committed alleged offences. In connection with the aforesaid FIR, the investigation was carried out and during the course of investigation, the concerned IO submitted report for addition of Ss. 147 , 148 and 149 of the IPC and on conclusion of the investigation, the chargesheet came to be filed for the offences under Ss. 302 , 120(B) , 34 , 147 , 148 and 149 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(3.) Heard learned advocate, Mr. Hardik Barot for the applicant and learned APP Mr. Dhawan Jaiswal for the respondent - State.