FARUKBHAI KARIMBHAI DASADIYA</ 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 FIR being C.R. No.I-99 of 2018 registered with Talaja Police Station, District Bhavnagar, for offences punishable under Sections 302, 323, 504, 143, 148, 149 and 120(B) of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(2.) The brief facts as stated in the FIR are that the deceased was the Vice President of the Talaja City Nagarpalika. It is stated in the FIR that the accused persons are indulged in the activities of illegal mining of sand and illegal construction. Therefore, being a Vice President of the Talaja City Nagarpalika, the deceased was frequently objecting the said activities. It is therefore a case of the prosecution that keeping a grudge against the deceased, the accused persons hatched a conspiracy and called the deceased at the spot of incident on the pretext of compromise. It is further alleged in the FIR that the accused persons have inflicted thirty-seven indiscriminate blows on the chest and back of the deceased, resulting into his death and when the first informant came to rescue of the deceased, he was also beaten and abused. Therefore, the FIR in question is registered against the accused persons.

(3.) Heard Mr.N.D. Nanavaty, learned Senior Advocate for the applicants, Mr.L.B. Dabhi, learned Additional Public Prosecutor for the respondent State and Mr.K.S. Chandrani, learned advocate for the original first informant.