THAKOR KANJIBHAI SHAKARABHAI Vs. THAKOR AMBARAM KANJIBHAI

JUDGEMENT

(1.) The petitioner had lodged a F.I.R. with Sarkhej Police Station on 9.11.1984 at about 11.15 p.m. that the respondents-accused came with sticks, dharia, spear, bricks when he was sitting with Ramanji Becharji, Ganpatji Becharji Rameshji Hathiji, Babuji Bhathuji and Manaji Shakraji on a cot near Parbadi at about 8.30 p.m. has stated that on the previous day his uncles son Chhanaji Budhaji had beaten one Thakore Ramanji Bhalaji, thereafter all the respondents came there with the respective weapons mentioned in the F.I.R. Even though the complainant and witnesses tried to pacify the accused and stated that Chhanaji Budhaji was insane, yet they assaulted the complainant and the witnesses. Stick blows, dharia blows and spear blow were given. He had stated that all the injured persons were removed to the V.S. Hospital straightway. The investigating officer registered the said complaint for the alleged offences punishable under Sections 147, 148, 149, 324, 323, 337 & 114 of the Indian Penal Code. As the investigating officer came to know that injured Thakore Manaji Shakraji was serious, he registered an offence punishable under Section 326 of the Indian Penal Code on 11.11.84. All the accused were arrested on 12.11. 84 and with a report they were produced before the learned Magistrate.

(2.) As soon as they were produced before the learned Magistrate, the accused respondents filed an application that they may be released on bail. On the said application the learned Magistrate passed an ordered that the concerned P.S.I. and the learned dovecotes for the accused were heard, injured witness was unconscious but no certificate was produced, therefore, seriousness of the injury cannot be verified. He, therefore, ordered that all the accused should be released on bail on their executing a bond of Rs. 1000/- and furnishing a surety of the like amount with a condition that they shall remain present for investigation whenever the investigating officer calls for and other conditions.

(3.) Against the said judgment and order the original complainant bas filed this miscellaneous application. It was submitted by the learned advocate for the petitioner that the learned Magistrate has no jurisdiction to release the accused persons on bail because it was alleged that the accused have committed offences punishable under Sections 147, 148, 149, 325, etc. He submitted that under Section 326 the accused can be punished with imprisonment for life and under Section 437 of the Criminal Procedure Code the Magistrate has no jurisdiction to release those persons if there appears responsible ground for believing that the accused are guilty of an offence punishable with death or imprisonment for life.