SUKETU @ SUNNI HARSHADBHAI MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present third successive application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an F.I.R. being C.R.No.I - 127 of 2016 registered with Umra Police Station, Surat, for the offences punishable under Section 302, 201, 203, 114, 120(B) of the Indian Penal Code, 1860 and Section 135 of the Gujarat Police Act.

(2.) The brief facts of the present case are as under: That on 28.6.2016, one Velsi wife of Dishit Hitesh Jariwala lodged an FIR with Umra Police Station disclosing that her husband was attacked by two unknown persons with knife on the night of 27.6.2016 and looted certain ornaments from her. It was alleged in the FIR that she along with her husband and the daughter, travelled in their car Huyndai Jazz having Registration Number GJ5A-6879 and went to her parental home and returned at about 10.30 in the night. After sometime, when she entered their bedroom, she found that two unknown persons wearing mask on their faces, shown a knife to her and asked her to hand over the ornaments. Therefore, she handed over the articles. Her deceased husband tried to protect himself. However, the complainant along with her daughter were taken to a bathroom and the door of the bathroom was shut from outside by those persons. It was alleged in the FIR that at around 11.45 in the night, she shouted from the bathroom and called her relative Kishorbhai. Thereafter, two other persons, namely, Anil Goswami and Jitubhai along with other persons visited the house and found her husband lying dead on the bed of their bedroom.

(3.) Earlier, the applicant has filed application under Section 439 of the Code of Criminal Procedure, being Criminal Misc. Application No.30385 of 2016, which was withdraw with a liberty to file afresh after receiving FSL report vide order dated 22.12.2016. Thereafter, second application being Criminal Misc. Application No.18814 of 2017 was filed for the very purpose, but the same was rejected by the Coordinate Bench of this Court vide order dated 08.09.2017. Thereafter present application is moved by the applicant on 06.12.2017.