LAWS(GJH)-2019-2-11

AKHTARBHAI NOORBHAI SHAIKH Vs. STATE OF GUJARAT

Decided On February 01, 2019
Akhtarbhai Noorbhai Shaikh Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This application under Section 439(2) of the Code of Criminal Procedure, 1973 is at the instance of the original complainant with the following prayers:

(2.) It appears from the materials on record that the applicant herein lodged a First Information Report at the Vejalpur Police Station, District Ahmedabad dated 26.02.2018 vide I CR No. 21/2018 for the offences punishable under Sections 307, 323, 324, 325, 294(B), 506(2) read with Section 114 of the IPC and Section 135(1) of the Gujarat Police Act. In the said FIR, the respondents nos. 2 to 5 have been arrayed as the accused persons.

(3.) The original accused persons came to be arrested in connection with the FIR lodged by the applicant herein referred to above. They jointly preferred the criminal misc. application no. 483/2018 for regular bail in the Court of the Sessions Judge, Ahmedabad (Rural), Ahmedabad. The Additional Sessions Judge, Ahmedabad (Rural) vide order dated 12.03.2018 allowed the application and ordered release of the accused persons on bail. The court below while ordering the release of the accused persons on bail observed as under: