PRAKASH KAUR WD O AJITSING HARNAMSING Vs. SOHANSINGH KHADAKSING
HIGH COURT OF GUJARAT
Prakash Kaur Wd O Ajitsing Harnamsing
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(1.) These two applications have been filed against an order dated 4/07/1983 passed by the learned Metropolitan Magistrate Court No. 9 Ahmedabad directing that opponents herein-original accused Nos. 1 and 2 charged for offences under sections 302 337 324 426 and 114 of the Indian Penal Code be released on bail. The impugned order was passed below an application for bail which was submitted on 1/07/1983 by the accused. Misc. Criminal Application No. 1513 of 1983 has been filed by the State of Gujarat while Misc. Criminal Application No. 1363 of 1983 has been filed by the original informant Smt. Prakash Kaur widow of Ajitsing Harnamsing. In both the applications it is prayed that the order passed by the trial court granting bail be cancelled.
(2.) It is neither necessary nor it is advisable to go into the minute details of prosecution case at this stage. As per the F. I. R. given by the widow of the deceased victim Ajitsing Harnamsing within about four hours time after the alleged commission of the offence it becomes clear that when the deceased was taking food at his place he was dealt with by a sword blow alleged to have been given by Tarasing alias Avtarsing Sohansing-accused No. 2. It is further alleged that immediately before Tarasing gave sword blow there was exchange of words between Sohansing and the victim Ajitsing. It is also alleged that Sohansing gave a push with a bucket on the head of Jogendar and it is also alleged in the F. I. R. that Bhupendrasing had also rushed and beaten Jogendar with an iron rod. It is further alleged that Sohansing was pelting stones. After narrating the incident in details the motive for the commission of the crime has been narrated and details as to how the deceased was taken to the hospital etc. are mentioned in the F. I. R.
(3.) The opponents herein-original accused were arrested on 20/06/1983 and they preferred an application dated 1/07/1983 before the learned Metropolitan Magistrate Court No. 9 Ahmedabad praying that they may be released on bail. The learned Magistrate passed order below the bail application granting bail to the opponents on 4/07/1983 This order of the learned Magistrate is challenged here both by the State and by the original informant Smt. Prakash Kaur widow of Ajitsing.;
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