LALABHAI KESHUBHAI SATIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I- C.R.No. 112 of 2016 registered with the Olpad Police Station, Surat of the offence punishable under Sections 143, 147, 148, 149, 323, 325, 302, 307, 395, 397, 120B, 34 of the Indian Penal Code.

(2.) It is the case of the prosecution that the complainant along with Avinash Vasoya, Vikram Ghanak, Pankaj Jadav and Ramjan Belim went towards Varachha and were waiting near Bangal Colony, when they found eleven accused with eight unknown persons have came there and they have beaten Vicky as well as Pankaj and Ramzan with pipes and sticks and also assaulted with knife.

(3.) FIR came to be lodged against eleven persons and eight unknown persons. After due investigation the charge sheet is filed. According to the applicant the FIR refers to the Lala Bharwad and in the T . I. Parade there was somebody else, who was also Lala Bharwad and identified by the complainant and the injured witness both. Therefore, it is the case of the applicant that he is in the jail since 24.06.2016, and trial will take substantial time and considering that this is the case of mistaken identity, he may be enlarged on bail.