KOMALBEN GANESHBHAI GOYANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) [A.J.DESAI The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R.No.I- 109 of 2016 registered with Varachha Police Station, Surat, for the offences punishable under Sections 302 , 307 , 323 , 504 , 114 , 201 , 120-B , etc. of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(2.) Pursuant to the Notice issued by this Court, learned Public Prosecutor Mr.Mitesh Amin appears on behalf of the respondent- State of Gujarat and learned advocate Mr.B.M.Mangukiya appears on behalf of the original complainant.

(3.) The brief facts, arise from the record, are as under: That one Maheshbhai Jadavbhai Radadia, lodged an FIR with Varachha Police Station, Surat on 15/05/2016 at around 9:30 am and disclosed that on the previous day i.e. on 14/05/2016 at around 9:00 p.m. when he was sitting with one Balubhai and other 3-4 persons in the office of Balubhai. One person namely Gautam @Golden and other persons entered into the office and scolded the said Balubhai and asked him why he is not picking up his phone. One of them attacked Balubhai with knife and gave indiscriminate blows to him. At that time, the complainant and other two persons namely Bharatbhai and Ashokbhai tried to save Balubhai. All of them were attacked with knives by different persons, pursuant to which, serious injuries were sustained by all of them. Except complainant, all the persons namely Balubhai, Ashokbhai and Bharatbhai died pursuant to injuries sustained by all of them. The accused were arrested by the Investigating Agency. One of the accused was Ganeshbhai, who is father of accused Gautam @Golden (who is named in the FIR). During the investigation, the applicant, who is sister of Gautam @Golden and daughter of Ganeshbhai, came to be arrested with the charge that she was involved to hatch the conspiracy to kill Balubhai, pursuant to monetary transaction between Balubhai and her. It is alleged by Investigating Agency that some deal was made between the said Balubhai and applicant about the payment of money for a land which belongs to the Balubhai. Since the money was not paid to the applicant lady, at her instance, all the persons had attacked Balubhai, in which, other two persons had lost their lives. On completion of investigation, charge-sheet was filed before the competent Court. The applicant filed an application u/s.439 of the Code of Criminal Procedure being Criminal Misc. Application No.2529 of 2016 in the Court of learned Principal District and Sessions Judge at Surat, which came to be rejected vide judgement and order dated 27/09/2016. Hence, this petition.