JAVEDBHAI MAHAMMADBHAI SUVAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate for the applicant, learned Additional Public Prosecutor for the respondent-State and learned advocate for the complainant.

(2.) This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for bail in connection with C.R. No.I - 88 of 2017 registered with Bavla Police Station for the offence punishable under Sections 364 , 302 , 120B of the Indian Penal Code and under Sections 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act .

(3.) Having considered the rival contentions including that of the complainant it is noticed that at the time of loot of Rs.50,000/- the petitioner was not with other accused persons who looted the deceased. So far as the death of the complainant's father is concerned, it appears that with looted money, while other accused persons got into the car driven by accused Ronak, the deceased, in an attempt to stop the looters, rushed in front of the car and then jumped on to its bonnet and Raju instructed the accused to drive the vehicle despite being the deceased on bonnet, and it is stated that for about one k.m. the car was driven with the deceased on the bonnet and the deceased succumbed to the injuries. It is thus noticed that no overt act in this regard is attributed to the present petitioner. In above view of the matter the petitioner is required to be admitted to bail.