MANHARBHAI BHULJIBHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11210021231247 of 2023 registered with the Katargam Police Station, Surat of the offence punishable under Ss. 304, 308, 279, 337 and 338 of the IPC and Ss. 184 and 177 of the Motor Vehicles Act.

(3.) Learned advocate appearing for the applicant has submitted that the applicant-accused was arrested on 24/12/2023 and since then he is in jail. Learned advocate for the applicant has also submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate for the applicant has submitted that the applicant-accused was working as the driver in the Surat Municipal Corporation and was driving the bus of the municipality. It is submitted that on the date of the unfortunate incident, there was a sudden attack of epilepsy to the applicant, due to which, the applicant became unconscious and lost control over the bus. He was not driving the bus negligently nor was there any ill-intention on the part of the applicant-accused of causing any harm of injury to any layman. Learned advocate for the applicant has further submitted that the wife of the applicant-accused has also filed an undertaking to the effect that henceforth, the applicant-accused will never do any kind of driving job, which reads thus;