RAMESHJI RAVAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. Shah waive service of notice of rule for respondent Nos. 2 to 7 while Ms. Jhaveri waives service of notice of rule for respondent No. 1.

(2.) PETITIONER being a complainant of Thara police station, 1st C.R. No. 58 of 2013 has challenged the order dated 7.9.2013 granting bail to respondent Nos. 2 to 6 by the Additional Sessions Judge, Deesa, passed in Criminal Misc. Application No. 757 of 2013 for the offences punishable under Sections 302, 323, 324 etc.

(3.) THE above story makes it clear that if Kanaksinh C. Vaghela has given a fatal blow to the victim Ravjibhai as well as to the complainant, certainly he cannot be entitled to be released at least till investigation is over and chargesheet is filed considering the gravity of crime and direct involvement and direct specific evidence against him. However, for rest of the accused, though they may be present at the relevant time, since allegations against them are regarding attacking by stick or by foot, it would not be necessary to keep them behind the bar till disposal of the Sessions case. It is settled legal position that in absence of specific allegations against a person and in absence of serious and heinous crime, generally, bail is a rule and all accused cannot be detained only because of a pending trial against them.