GULAM AHMAD JUMMAN SHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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.11210012230323/2023 registered with the Chowk Bazaar Police Station, Surat for the offence punishable under Ss. 302, 307, 387, 324, 143, 147, 148, 149, 452, 504 and 120(B) of the Indian Penal Code, under Sec. 135 of the Gujarat Police Act and under Ss. 3(1)(1), 3(1)(2), 3(2) and 3(4) of the Gujarat Control of Terrorism and Organized Crime Act, 2015.

(2.) Heard learned advocate, Mr. B.J. Trivedi assisted by learned advocate, Mr. Parth Tolia for the applicant - accused and learned APP Ms. Divyangna Jhala for the respondent - State of Gujarat.

(3.) Learned advocate for the applicant submitted that the so-called incident has taken place on 3/3/2023, for which, the FIR has been lodged on the very same day i.e. on 3/3/2023 and the applicant has been arrested in connection with the same on 4/3/2023 and since then, he is in judicial custody. Learned advocate submitted that now the investigation is completed and after submission of the chargesheet, the present application is preferred. Learned advocate submitted that initially FIR was registered against total 11 known and 2 unknown persons, that too, for the offences under the provision of the Indian Penal Code and under the provision of the Gujarat Police Act and at that relevant point of time, the said FIR has not been registered under the provision of the GUJCTOC Act. Learned advocate submitted that as per the case of the prosecution, the accused have inflicted knife blows upon the body of the deceased indiscriminately, due to which, the deceased has sustained serious and severe injuries and ultimately succumbed to the same and the said fact is also corroborated by the postmortem note, particularly in Column No.17, it has been specifically mentioned that the deceased sustained number of deceased, which clearly goes on to show that the deceased has sustained stab wound injuries. Learned advocate submitted that so far as the role attributed to the present applicant is concerned, it is alleged that the applicant has inflicted stick blow upon the deceased at the time of commission of crime and thus, the role attributed to the present applicant is limited one. Learned advocate submitted that during the course of investigation, the muddamal stick was recovered from the custody of the present applicant - accused but there was no bloodstain found upon it.