THAKORBHAI MEGHJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Shakeel A. Qureshi for the petitioner/original complainant, learned APP Mr. Bhatt for respondent No.1 and learned counsel Mr. C.R.Abichandani appearing for respondent Nos. 2 & 3 for final disposal.

(2.) The present application is preferred for challenging the order dated 31.12.2003 passed by the learned Sessions Judge, Surat, whereby, after the remand ordered by this Court, the bail application is once again allowed.

(3.) The short facts of the case are that one Mukesh Vaghani and respondent Nos. 2 & 3 are the accused under Sections 302, 504, 114 of IPC read with Section 115 of BP Act for causing death of Manoj. As per prosecution case on 5.2.2003 when the complainant was passing through Anuradha society for the work of the marriage of his sister, Ashok Vagani was going away in haste to the society and Ashok Vagani told to complainant that complainant may get his Monia (Manoj) in hospital since Ashok Vagani had beaten him while Manoj had come to quarrel at Ashok Vagani's office. Thereafter complainant found his nephew Manoj alias Monia with full blood and he was injured on chest and back side of body. The friend of Manoj named vijay told complainant that he (Vijay) and Manoj had come to Ashok Vagani's office for compromising dispute with Umesh and at that time Ashok Vagani, his brother Mukesh Vagani and one Bharat had abused Manoj and by catching hold at steps of office all the three have assaulted with sticks and have caused injury with knife. Thereafter, Manoj was carried to hospital and he was declared dead. As per statement of witnesses, when deceased Manoj was running away from office of the accused Ashok Vagani, all the three accused run behind accused, attacked and caused injury to Manoj. As per prosecution case, accused Mukesh had given knife blow, accused Ashok Vaghani had given stick (Danda) blow and Bharat Savani had given blow with iron rod. As per P.M. report there are more than six multiple injuries. After the arrest, bail application was submitted by respondent No.2 before the learned Sessions Judge being Criminal Application No. 307 of 2003. The learned Sessions Judge (Mr. M.D.Shah), after considering the police papers and the statements of witnesses had prima facie found that the accused has caused injury and there was the only intention to cause death. The learned Sessions Judge also found that knife blow was given by Mukesh Vaghani, Ashok Vaghani had given two blows with stick (Danda) on the back side of the neck and on the back side of the body of the deceased and the learned Sessions Judge had also observed that the accused has the past history of involvement in the other offence and there was also detention under PASA and therefore, the learned Sessions Judge found not to release the accused on bail in the serious offence of murder. Similar bail application being Criminal Application No. 449 of 2003 was preferred by respondent No.3 which also came to be rejected by the same learned Sessions Judge.