DINESH MAFABHAI JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicants - accused have prayed for anticipatory bail in connection with the FIR bearing No.11195044220165 of 2022 registered with Sihori Police Station, Dist. Banaskantha for the offences punishable under Ss. 143, 147, 148, 149, 323, 324, 326 , 294(b) and 506(2) of the Indian Penal Code in Criminal Miscellaneous Application No. 6186 of 2022 and 9887 of 2022 and FIR bearing No.11195044220164 of 2022 registered with Sihori Police Station, Dist. Banaskantha for the offences punishable under Ss. 143, 147 , 148, 149, 323, 324, 326, 294(b) of the Indian Penal Code in Criminal Miscellaneous Application No. 7245 of 2022 .

(2.) It is submitted by learned advocate Mr. Tejas M. Barot, Mr. Pravin Gondaliya, and Mr. Dipen Chaudhary for Mr. Tushar Chaudhary that though they appear for rival groups, upon instructions, they state that they do not have any objections if each of the applicants, who are protected by this Court, are enlarged on anticipatory bail as the interim protection in their favour is operating since last more than one year and as they belong to the same community and considering the fact that rest of the accused persons from both the group who are already arrested and now enlarged on bail. Interest of justice would be served if all those accused from both the side who are enjoying interim relief in respect of their arrest being continue and that would rather help both the groups to enter into an amicable settlement. Considering the aforesaid peculiar request coming forward from both the advocates appearing for both the rival groups the matter was taken up for hearing and keeping the aforesaid request in mind this order is passed. At the outset learned advocate Mr. Tejas M. Barot states that upon instructions he does not press the application for anticipatory bail in Criminal Miscellaneous Application No. 6186 of 2022 for applicants namely Dineshbhai Mafabhai Joshi, Tejabhai Manabhai Joshi and Hasmukhbhai Mafabhai Joshi as the above mentioned applicants already arrested and enlarged on regular bail. Learned advocate Mr. Dipen Chaudhary for Mr. Tushar Chaudhary states that upon instructions he does not press the application for anticipatory bail in Criminal Miscellaneous Application No. 7245 of 2022 for applicants namely Satishbhai Keshabhai Joshi, Bhaveshbhai Manubhai Joshi, Jayantibhai Rameshwarbhai Joshi, Sanjaybhai Baldevbhai Joshi, Ashwinbhai Kesabhai Joshi, Amratbhai Laljibhai Joshi, Shaileshbhai Karshanbhai Joshi and Jigarbhai Naranbhai Joshi as the above mentioned applicants already arrested and enlarged on regular bail.

(3.) Learned advocate for the applicants on instructions states that the applicants are ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for their remand. He further submit that upon filing of such application by the Investigating Agency, the right of applicants accused to oppose such application on merits may be kept open. Learned advocate, therefore, submitted that considering the above facts, the applicants may be granted anticipatory bail.