AI Structured Summary
Not yet generated for this judgment
Judgment
Ashutosh J. Shastri, J
Present application is filed for the purpose of seeking anticipatory bail in connection with the FIR, being C.R. No.I- 11191043200506 of 2020
registered with Shahpur Police Station, Ahmedabad for the offences punishable under Sections 326, 323, 294(a) and 114 of the Indian Penal Code and
Section 135(1) of the Gujarat Police Act.
The Court on previous occasion was pleased to issue Rule, vide order dated 28.7.2020, considering the submissions made by learned advocate.
Later on, on 31.7.2020 as well as on 4.8.2020, learned APP had sought time so as to enable him to produce on record the injury certificate and this is
because of the reason that learned advocate Ms. Hetvi Sancheti has specifically contended that on previous hearing, which took place before the
Coordinate Bench on 26.6.2020, in respect of anticipatory bail qua another co- accused, the investigating officer was heard and she recollected that it
was clearly said that there is no injury on the forehead of the victim and that be so, the question of giving blow by iron rode by the present applicant is
out of place and therefore, she requested that injury certificate be produced on record.
However, despite the fact that on two occasions, time was granted to learned APP but according to learned APP, still some more time is required
for production of the injury certificate and as against that, learned advocate Ms. Hetvi Sancheti has submitted that the present applicant is being
harassed by the police authority and is seriously apprehending his arrest and as such, some breathing protection be given in the meantime if learned
APP still wants time. Hence, since time is sought, the application be placed for further on 18th August 2020.
In the meantime, the applicant may not be arrested in connection with the present FIR till next date of hearing. This protection is given on condition
that the applicant is supposed to cooperate with the investigating agency.
The Registry is directed to send the copy of this order through FAX or email to the concerned authority forthwith.