RAJMAHENDRASINH @ KANO GAMBHIRSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I-CR No.30 of 2018 registered with Morbi Taluka Police Station for the offence under Sections 302, 307, 143, 147, 148 and 34 of the Indian Penal Code and Sections 25(1) and 27)(2) of the Arms Act.

(2.) Learned Senior Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the trial has not commenced and there are more than 62 witnesses. The applicant is in jail for more than one and half years, whereas co-accused identically situated are already released on regular bail. The SLP filed before the Apex Court challenging the order of bail of co-accused also stands dismissed.

(3.) Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the role of the applicant is clearly narrated by eyewitnesses and that too injured eyewitnesses. The postmortem note indicates one single shot and that is attributable to the applicant. Attention is drawn to the "Rawangi Nondh" to indicate that the firearm was in working condition when the discovery panchnama was drawn. It is submitted that parity cannot be drawn due to role attributed to the applicant and other co-accused.