ASHWIN VAMANRAO GHARADE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application, which is a successive bail application, is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.I? 112/2018 registered with Dungara Police Station, Valsad for offence under Sections 143, 147, 148, 149, 307, 323, 325, 427 and 506(2) of the Indian Penal Code.

(2.) At the outset, learned advocate, Mr. Panchal appearing for the applicant submitted this is a successive bail application filed by the applicant after the earlier application filed by the applicant was withdrawn on 04.07.2019, copy of said order is placed on record at Page No.46 of the compilation. It is submitted that this Court has granted liberty to the applicant to file fresh application if the trial does not progress substantially within a period of six months and, hence, the applicant has filed this application at this stage on the ground of change of circumstances.

(3.) It is contended that as the case of the prosecution, the applicant has tried to give hammer blow on the head of the complainant, however, the complainant received injury on his right elbow, whereas some of the co?accused have given blow on the hand and leg of the complainant and one of the co?accused gave kick and fist blow to the complainant. It is submitted that all these co?accused have been enlarged on bail by the coordinate bench of this Court vide orders dated 05.07.2019 and 01.10.2019.