SAJID ABDULREHMAN PANJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under Section 439 (2) of the Code of Criminal Procedure is preferred by the original-complainant for cancellation of bail granted by the learned Additional Sessions Judge, Veraval vide order dated 02.05.2018 in Criminal Misc. Application No.121 of 2018.

(2.) The applicant is the original complainant who is residing at village Veraval, District Gir Somnath. It is his case in the FIR dated 27.04.2018 lodged with the Sutrapada Police Station, District Gir Somnath being IC.R.No.24 of 2018 for the offences registered under Sections 395, 397, 341, 427 and 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act. That he with his friend had gone to his farm located near village Javantri, Bamnasa of Talala Gir Taluka on 26.04.2018. While they were returning from the farm in the night, the applicant found one white coloured hyundai i20 car bearing Registration No.GJ-32-B-5454 on the side of the road. When he tried to find out as to who the persons were, there were three persons inside the car and they asked him to go away. When he moved ahead in his car, they intercepted his car. His request to remove the vehicle from the road fell on the deaf ears. The heated exchange of words took place at that stage and both the vehicles went ahead. However, the applicant was scared of the occupants of the hyundai i20 car and therefore, he changed his route to avoid any further disputes. The respondent Nos.2 and 3 by then had gathered about 11 to 12 persons who obstructed the vehicle of the applicant at village Ghantiya Pranchi and started beating the applicant with the iron wheel-wrench, iron pipe and baseball bat. The three persons were seriously injured and needed to be hospitalized. One of his friends, Shri Yusufbhai Husainbhai Kapadiya sustained injury on his nose and eyes and Shri Hanifbhai Vora also sustained injuries on his left eye and Shri Farukhusain received 10 stitches on his head and injuries on the wrist.

(3.) The applicant-original complainant therefore, lodged an FIR with the Rudrapada Police Station at 00:30 hours 27.04. 2018 itself. It is the case of the applicant that the learned Sessions Judge, Veraval in an anticipatory bail moved by the accused- respondent Nos.2 and 3 vide Criminal Misc. Application No.121 of 2018 allowed the same which has aggrieved the present complainant who is before this Court seeking cancellation of anticipatory bail.