KISHORSINH INDRASINH GOL Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Kishorsinh Indrasinh Gol
STATE OF GUJARAT
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(1.) This Criminal Appeal is filed under Section 14A of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act ,1989 for seeking
following reliefs :
"A. Be pleased to admit and allow this appeal by quashing and setting aside the order dated 21.10.2019 passed in Criminal Misc. Application No.3492 of 2019 by learned 8th Additional Sessions Judge, Ahmedabad (Rural) and further be pleased to enlarge the appellant on bail in connection with the FIR being CR No.I-36 of 2019 registered with Dholka Police Station, Ahmedabad (Rural).
B. Be pleased to grant interim bail pending the hearing and final disposal of this appeal.
C. Be pleased to dispense with the affidavit in support of this application as the appellant is in jail;
D. Be pleased to dispense with the filing of the FIR as the same is filed in Criminal Appeal No.2212 of 2019.
E. Be pleased to grant such other and further reliefs as the Hon'ble Court may deem fit.
(2.) Heard learned advocates for the respective parties and learned APP for the respondent-State.
(3.) Mr.Hriday Buch, learned advocate appearing with Mr.Mousam Yagnik, learned advocate for the appellant,
has vehemently contended that the appellant is
innocent person, wrongly arraigned in the
prosecution. It has further been submitted that
accused No.1 is already enlarged on regular bail by
coordinate bench of this Court vide order dated
6.2.2020 passed in Criminal Appeal No.15 of 2020 and the role of present applicant is almost similar. So,
considering the observations which have been made by
coordinate bench, in view of principle of parity, the
case of the present appellant be also considered. It
has further been contended that there is no actual
dispute between the deceased and the present
appellant and it is with accused No.1 who is already
enlarged on bail.
3.1 Mr.Hriday Buch, learned advocate, has further submitted that there are serious contradictions in the statement of deceased Mittal and considering that circumstance also, there is hardly any case made out for offence under Section 306 of IPC. Learned advocate has further submitted that present applicant has no grievance against the deceased in any form and, therefore, the report of voice spectrography is also of no consequence. Learned advocate has emphasized that the observations which have been made by the coordinate bench are quite attracted in the present case, as well. Accordingly, the request be considered. ;
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