PRAGNESH HARSHADBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Applicant [Original Accused No.2] has filed this Application under Sec. 439 of the Code of Criminal Procedure for enlarging him on Regular Bail in connection with FIR being C.R. No. 11191069230241/2023 registered with S.G. Highway 02 Traffic Police Station, Ahmedabad City for the offences punishable under Ss. 308, 279, 337, 338, 304, 504, 506(2) and 114 of the Indian Penal Code, 1860 and Ss. 177, 184 and 134(b) of the Motor Vehicles Act, 1988.

(2.) Heard learned Advocate for the Applicant, learned APP for the Respondent - State and also the learned Advocate appearing for the Original Complainant.

(3.) Learned Senior Advocate Mr. I.H.Syed appearing with learned Advocate Ms. Zeal H. Shah for the Applicant has submitted that; in the present case, the investigation is over and charge sheet is filed. It is submitted that on the fateful day, the son of the present Applicant was driving a vehicle in question, which had met with an accident, wherein nine innocent lives were lost. The only role attributed to the present Applicant for commission of the offence in question is that he arrived at the scene of offence after the accident had taken place and had threatened the witnesses, who had gathered at the scene of occurrence. Except this, no overt act has been attributed to the Applicant in commission of the offence in question. Learned Senior Advocate Mr. Syed submitted that; when the present Applicant arrived at the scene of offence, the persons who had gathered at the place, were manhandling his son, who had committed the accident, and therefore, the Applicant had taken his son to the hospital. While he was on the way to the hospital with his son, he had informed the police by making a call on 100 Number, and thereafter, the Police had arrived at the scene of offence and the investigation was carried on further.