MAYUR THAKORBHAI KHARVA 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 applicant - original accused has prayed to release him on bail in case of his arrest in connection with the FIR being I-CR No. 99 of 2016 registered with Navapura Police Station, Vadodara City for the offences punishable under Sections 323, 324,326, 504, 114 of the Indian Penal Code ("the IPC") and Sec. 135 of the Gujarat Police Act.

(2.) Learned Advocate for the applicant submitted that initially the FIR was under section 323, 324, 504 and 114 of the IPC and considering the nature of allegations, the applicant was released on bail by the learned Magistrate. However, after long time, just for the purpose to see that the applicant may not continue with the benefit of bail, section 326 of the IPC is added. He submitted that even looking to the injuries from the injury certificate, the offence under section 326 of the IPC would not be made out. He also submitted that in any case, on the day of alleged incident, recovery of the iron pipe alleged to have been used by the applicant was made by the police and, therefore, there is no need for custodial interrogation of the applicant by the police.

(3.) Learned A.P.P. Mr. Soni appearing for the respondent - State submitted that though initially the applicant was released on bail by the learned Magistrate, however, subsequently, when it was found, considering the nature of injuries alleged to have been received by the complainant, that the applicant was required to be charged with the offence under section 326 of the IPC, section 326 of the IPC was added in the FIR. He submitted that since the investigation in connection with the offence under section 326 of the IPC is in progress, this Court may not exercise the discretion under section 438 of the Code in favour of the applicant.