LAWS(GJH)-1987-11-8

STATE OF GUJARAT Vs. BHAGWANJI PITAMBER

Decided On November 26, 1987
STATE OF GUJARAT Appellant
V/S
BHAGWANJI PITAMBER Respondents

JUDGEMENT

(1.) This is an application against the order granting bail. It is treated as an application for cancellation of bail and not as revision application.

(2.) The learned Addl. P. P. has submitted that the offence charged against the accused is punishable under Sec. 302 of IPC read with Secs. 147 148 149 307 324 323 of IPC. There are in all 29 accused and all of them have been granted bail by the learned Addl. Sessions Judge Morvi by an order dated 27-8-1987. The State has preferred this application against the present three accused persons and submitted that these three persons have taken direct and active part in the incident resulting into the death of Lalubha. The learned Addl. P. P. has also submitted that there is great tension in the village and when all the accused were released on bail the State had to put Special Police Force in village. He has submitted that at present that Police Force is withdrawn.

(3.) The learned Counsel for the respondent-accused has submitted that ordinarily bail is to be granted and only in special circumstances bail can be refused and in the present case there are circumstances for granting bail and the learned Sessions Judge on considering the circumstances granted bail and three months have passed thereafter without any untoward incident and therefore the bail cannot be cancelled. He has submitted that the relevant circumstances taken into consideration by the Sessions Court are that there is a cross case in respect of the injuries suffered by the persons on the accused side and therefore there is a probable defence of private defence apart from other defences. Therefore the offence would not punishable under Sec. 302 of IPC and the Sessions Court has rightly followed the judgment of this Court in Misc. Cri. Application No. 479 of 1975 delivered on 26 by T. U. Mehta J. The relevant observations are as under: