Anas S/O Sagirbhai Safibhai Pathan vs State Of Gujarat

Ilesh J. Vora, J

Heard learned counsel Mr. Salim Saiyed, for and on behalf of the applicant and learned APP Mr. Manan Mehta, for the Respondent State.

This bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an FIR being C.R.No. 11191012211465 of 2021 registered with Danilimda Police Station, Ahmedabad, for the offence under Sections 302, 34 and 114 of the Indian Penal Code, 1860 and Section 135(1) of the G.P.Act.

Brief facts of the prosecution case is that, the incident took place on 16.10.2021. Prior to the incident, the deceased Salman and juvenile accused were together in marriage procession where altercation took place on petty issue. Keeping grudge of the earlier incident, the juvenile accused came with wooden lob at the scene of offence and inflicted blow on the head of the deceased, as a result, deceased sustained serious fatal injuries. It is further alleged that, the present applicant being a friend of juvenile accused, took out knife and caused the injuries over the back shoulder of the deceased. Deceased died due to head injuries. Father of the deceased lodged an FIR for the aforesaid offence as referred above. The applicant was arrested on 17.10.2021. The applicant herein moved an application for his regular bail before the Court concerned, which came to be rejected.

In the aforesaid facts, learned counsel Mr. Saiyed submitted that, prima facie, it appears that, the ingredients of Section 302 of IPC are not attracted and the applicant herein has been falsely implicated in the serious offence of murder. It is submitted that, so far role of the applicant is concerned, if allegations made against him are accepted as it is, the offence can be said to have been committed under Section 323 of IPC. He further submitted that, there is no evidence that, the applicant acted in furtherance of common intention of the juvenile accused.

Opposing the bail application, Mr. Manan Mehta, learned APP contended that there is prima facie case against the applicant for commission of the alleged murder of the deceased. He further submitted that the applicant had inflicted knife blows on the back side of the shoulder, which shows the intention on the part of the applicant and therefore, at this stage, when involvement of the applicant is established in the alleged murder of deceased, no case is made out for bail.

Having heard learned counsel for the respective parties and upon perusal of the chargesheet case papers, it appears that, the deceased and juvenile and present applicant were part of one marriage procession, wherein, due to some petty issue, altercation took place. In this background fact, keeping the grudge of the incident, juvenile accused armed with wooden lob, came at the scene of offence and gave fatal blows on the head of the deceased and at the same time, when the deceased fell down on the floor, the applicant caused injury by inflicting knife blow over the backside of the shoulder. The cause of death is shock as a result of multiple injuries sustained by the deceased. Record indicates that the deceased sustained multiple fracture injuries of the skull as mentioned in column No.19 of Post Mortem Report. The injury No.1 mentioned in Column No.17 of PM report shows that, the deceased sustained contused lacerated wound on his back of shoulder, size about 9 cm X 3 Cm x muscle deep. This Court is of view that, the shoulder injury can be caused by the sharp cutting weapon like knife. In such circumstance, considering the role attributed to the present applicant herein and the manner in which, he has caused the injuries over the back of shoulder, this court is of view that, without expressing on merits of the case, when the applicant does not have past criminal record and till date, there is no progress in the trial, application deserves consideration.

Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R.No. 11191012211465 of 2021 registered with Danilimda Police Station, Ahmedabad on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injuries to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;

The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Rule is made absolute to the aforesaid extent.