SANJAYBHAI RAMESHBHAI NAYKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application seeking successive bail under section 439 of the Code of Criminal Procedure, 1973 in connection with the first information report being IC. R. No. 160 of 2016 registered with Chikhli Police Station, District Navsari for the offences punishable under Sections 143, 147, 148, 149, 302, 323 and 504 of the Indian Penal Code and under Section 135 (3) of the Gujarat Police Act, on the ground that chargesheet have been filed and other coaccused has already enlarged on bail i.e. on the ground of parity.

(2.) It is the say of the applicant that the coaccused who had a similar role played have been granted regular bail by this Court. Chargesheet since has been filed, nothing remains has to be done. Learned advocate Mr. Zubin Bharda appearing for the applicant states that, the petitioner is only alleged to have caught hold the collar of the father of the complainant and other accused who had given kick blows to the complainant, are granted regular bail and equated the case of the present applicant with those the case of the applicants - coaccused, the case of the applicant should be considered.

(3.) Learned Additional Public Prosecutor Mr. K.L.Pandya appearing for the respondent State, urges that so far as killing of Ashokbhai is concerned, there is no role of overact attributed to the applicant and he further on instructions submits that the applicant has no criminal antecedent and also confirms that charges have not been framed so far.