ADIL SABIR MANSURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed for an order of anticipatory bail in connection with offence registered vide C.R. No.I-57 of 2019 with Bharuch Rural Police Station for the alleged offence punishable under Sections 143, 147, 148, 149, 427, 323, 504, 506(2) of the Indian Penal Code as also under Section 135 of Gujarat Police Act.

(2.) Mr. Girish Das, learned advocate for the applicant submitted that the mother of the applicant has already filed an F.I.R. for the very same incident on the very same day which is at page 21 of the compilation for the offence punishable under Sections 427, 323, 504, 506(2) over and above the offence pertaining to unlawful assembly. He has further submitted that with regard to the property dispute in between the family members, the alleged incident has occurred, for which, cross cases are filed. He has further submitted that the co- accused one Darbar who is named in the F.I.R. and assigned the very same role as that of the applicant has already been granted a regular bail by the Sessions Court and, therefore, applicant is to be released on anticipatory bail. Relying on the decision of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. reported in (2011) 1 SCC 694, more particularly, paragraphs 4, 6, 94 and 122 of the reported decision, he has submitted that the applicant be granted anticipatory bail.

(3.) Mr.Rakesh Patel, learned Additional Public Prosecutor submitted that so far as the applicant is concerned, a very specific role assaulting the first informant of the case as also his son-in-law along with weapon of offence is assigned to the applicant. He has further submitted that not only the applicant but other co-accused has also assaulted with stick on the first informant over the head as also over the hand, for which, an offence under Sections 307 and 325 of the Indian Penal Code is registered against the applicant along with the other accused. He has further submitted that reliance placed by learned advocate for the applicant on the order releasing co-accused on regular bail cannot be pressed into service claiming parity as after the arrest of the co-accused he was granted regular bail. He has further submitted that custodial interrogation of the applicant is also required, therefore, he has requested to reject this application seeking anticipatory bail.