HARSHAD AMRITLAL PATEL Vs. UNION TERRITORY OF DAMAN

JUDGEMENT

(1.) THIS application is filed by one Jitendra alias Siti Ramubhai Patel and Natubhai Nanubhai Patel for grant of anticipatory bail that in the event of their arrest in connection with C.R.No. 1/96 registered by Daman Police Station, they may be released on bail. I have heard Shri Mohite for the Applicants and Mr.Shinde for the state and Mr.Mohita for the Union Territory of Daman and Deu. In view of the arguments, it is not necessary to pass a detailed order. Few facts would make the matter clear.

(2.) THE incident in question took place on 1.1.1996 at about 9.30 a.m. One Kalpesh Ramu Patel and Rajesh Ramu Patel, who were named in the F.I.R. were arrested and they have been released on bail. In the F.I.R. it was stated that along with them five other unknown persons had also assaulted Ganpat Bikubhai Patel, a resident of Nani Daman with hocky sticks, stones etc. His brother Govind was also assaulted in the course of the same incident. An offence under sections 147, 148, 149, 323, 325, 504 and 506 was registered against the assailants by the Police. The injured persons were admitted to the hospital on 1.1.1996 and after treatment they were discharged from the hospital on 2.1.1996 i.e. on the very next day. After discharge from the hospital, one of them, namely Govind, developed some complication and he died as a result of Spetisemia on 6.1.1996. After his death offence under section 302 IPC was also added. The application for cancellation of bail in case of Kalpesh and Rajesh was granted and they were given time to surrender to bail up to 26.2.1996. Thereafter they preferred Criminal Misc. Application No.3 of 1996 in the Court of Sessions at Daman and bail was granted to them on 7.3.1996.

(3.) HOWEVER , so far as the present application is concerned, the above stated facts clearly show that the offence admittedly took place on 1.1.1996 and the death of Govind was as a result of complications caused by Spetisemia, which he developed after he was discharged from the hospital. More over the assailants named in the F.I.R. are already enlarged on bail. No identification parade has been held in respect of the five unknown persons during the period of more than a year and half and in view of all these facts, it is obviously a case in which it is necessary to grant bail to the Applicants and directing the Police to release the Applicants on bail in case they are required to be arrested in connection with C.R. No. 1/96 of Daman Police Station. Hence it is directed that in case the Applicants are required to be arrested in connection with C.R.No.1/96 of Daman Police Station, in which later on charge under section 302 IPC is added, they be released on bail of Rs.5000/- each with one or more sureties in the like amount, on condition that they should attend Daman Police Station for the purpose of investigation, if required by the Police. Application disposed of accordingly.