Robinsinh Rajubha Zala vs State Of Gujarat

Gita Gopi, J

Leave to amend is granted.

Criminal Misc. Application No. 3614 of 2022 has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being C.R.No. Part-A 11211024210219 of 2021 registered with Zinzuwada Police Station, District Surendranagar, for offences punishable under sections 143, 147, 148, 149, 323, 324, 326, 504 of Indian Penal Code and under section 135 of Gujarat Police Act.

1.1 Criminal Misc. Application No. 3650 of 2022 has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being C.R.No. Part-A 11211024210219 of 2021 registered with Zinzuwada Police Station, District Surendranagar, for offences punishable under sections 143, 147, 148, 149, 323, 324, 326, 504 of Indian Penal Code and under section 135 of Gujarat Police Act.

Ms. Bhakti Joshi, learned advocate for the petitioners submitted that earlier there was some dispute between the complainant side and the accused, and thus keeping the grudge, on 13.10.2021 it is alleged that the petitioner No.1 of Criminal Misc. Application No. 3614 of 2022 had given injury on the hand of the complainant, after they had come for settlement and thereafter it is alleged that the others had gathered, and according to the prosecution case, the petitioner of Criminal Misc. Application No. 3614 of 2022 had caused injury on the abdomen part of the complainant and the petitioner of Criminal Misc. Application No. 3650 of 2022 had caused injury on the chest of the complainant. Learned advocate for the petitioners referring to the FIR submitted that there is a delay of two days in filing the FIR, and further states that the injury on the chest and leg is stated to be simple by the complainant himself, and further submitted that, immediately after the injury, the petitioner had not approached the police and injury certificate also suggest that he got admitted in the hospital on 14.10.2021 and was discharged on 19.10.2021. Referring to subsequent FIR on 29.12.2021 learned advocate for the petitioner submitted that the complainant himself is a head strong person and has been accused under the Arms Act. It was, therefore, prayed that the present application may be allowed and the petitioners herein may be released on regular bail.

Learned APP referring to the injury certificate submitted that the history before the doctor disclosed the date and time of the incident. Learned APP further submitted that the injury is shown to be stab wound, and as per the medical certificate, the intestinal coil is exposed for about 6 cm, and thus considering the injury, learned APP urged that no discretion may be exercised in favour of the petitioners.

Heard learned advocates on both the sides and perused the material on record. Taking into consideration the fact that there is delay in filing the FIR and the complainant is an accused under Arms Act and there appears to be altercation between both the sides and also considering the fact that the complainant was discharged from the hospital within five days and when the trial will take its own time to conclude; this Court is of the opinion that the discretion could be exercised in favour of the petitioner to enlarge him on bail.

Hence, the present application is allowed. The petitioners are ordered to be released on regular bail in connection with FIR being C.R.No. Part-A 11211024210219 of 2021 registered with Zinzuwada Police Station, District Surendranagar, on their executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall;

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

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

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

[d] not leave India without prior permission of the concerned trial court;

[e] furnish the present 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 the concerned trial court;

The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the petitioners only if they are 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 lower Court having jurisdiction to try the case.

Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.