NARSIHBHAI DHARJIBHAI SEMANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Mr. Nirav Padhiyar for the applicant, learned advocate Mr. M.B. Rana for respondent No. 2 and learned APP Ms. Jirga Jhaveri for the respondent No. 1 - State.

(2.) THE applicant - complainant has lodged a complaint before Deesa police station, which is registered as I -C.R. No. 169 of 2013 u/ss. 302, 323, 504 on 6.9.2013 contending that on the date of the incident, when they were going with their cattle near the village, the accused came in a jeep and when he could not get a clear road because of cattle of the complainant, he came out of the jeep with iron tomy and beat the victim, being father of the applicant - complainant on his forehead, which resulted into death of Dharjiji Jagshiji. It is further contended that when victim fell down by first blow, instead of helping the victim, the respondent No. 2 - accused has given further two to three blows, which resulted into death of the victim. Thereafter, complainant and his relatives called the ambulance from Deesa Government Dispensary. The name of respondent No. 2 - accused is disclosed in the FIR as veterinary Doctor - Dr. Mahendrasinh Chauhan.

(3.) BEING aggrieved by such order of bail, the applicant herein has contended that the gravity of offence is to be considered. It is further contended that granting of bail to the accused at first place, is nothing but an abuse of process of law. Though the investigation is yet not completed and though chargesheet is not filed and though there is clear evidence that respondent accused has given fatal blow to the victim, bail should not be granted and that though complainant has filed objection before the Sessions Court, same was not considered. It is further contended that even the investigating officer has filed an affidavit before the Sessions Court contending that a Senior Government Officer has committed such a serious offence and, therefore, he should not be released on bail. It is further contended that iron tomy has been recovered from the accused and that even complainant has received injuries.