KETANBHAI LALITBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present applications under Section 439 of the Code of Criminal Procedure, 1973, the applicants - accused have prayed to release them on regular bail in connection with the FIR bearing I C.R. No.90 of 2015 registered with D.C.B. Police Station, Ahmedabad for the offences punishable under Sections 121, 121A, 124A, 153A, 153B and 120B of the Indian Penal Code, 1860 during the pendency of the trial (at present for the offences punishable under Sections 121A and 124A of the Indian Penal Code).

(2.) The brief facts emerged from the record are as under : -

(3.) Mr. B.M. Mangukiya, learned advocate appearing for the applicants has vehemently submitted that no offences as alleged in the FIR have been committed by the applicants. He would submit that though initially, FIR came to be filed for the offences punishable under Sections 121, 121A, 124A, 153A, 153B and 120B of the Indian Penal Code, however, at present the applicants are facing charges only for the offences punishable under Sections 121A and 124A of the Indian Penal Code. He would further submit that the applicants did prefer an application under Section 482 of the Code of Criminal Procedure, 1973 along with other accused persons being Special Criminal Application Nos.6330, 6339, 6263, 6264 and 6265 of 2015. The petition filed by the applicants were entertained in part and vide oral order dated 1.12.2015, except the charges levelled against the present applicants under Sections 121A and 124A of the Indian Penal Code, other Sections came to be quashed by the coordinate Bench of this Court. He would further submit that the said order dated 1.12.2015 of the coordinate Bench of this Court is under challenge before the Hon'ble Supreme Court at the instance of applicants which is pending for hearing.