IDRISHKHAN USMANKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code'), the applicants have prayed to release them on bail in case of their arrest in connection with the FIR being C.R. No.I -84 of 2014 registered with Kodinar Police Station, Gir Somnath, for the offences punishable under Sections 143, 147, 148, 186, 323, 332, 333 and 395 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(2.) Amongst many fold arguments, learned advocate for the applicants submitted that the co -accused facing similar charges, as are levelled against the applicants in the FIR, are released on bail and therefore, on the ground of parity, the applicants deserve to be granted anticipatory bail. Learned advocate for the applicants also submitted that the applicants are not alleged to have caused any injury to any injured witness and there are general allegations in the FIR to the effect that the applicants were part of the mob.

(3.) Learned Additional Public Prosecutor Ms. Thakore on the other hand submitted that the applicants are specifically named in the FIR and are alleged to be responsible not only to snatch away the camera from the police but also assaulted police officers and therefore, considering the role assigned to the applicants, this Court may not exercise discretion under Section 438 of the Code in favour of the applicants especially when the investigation is in progress against the applicants.