AEJAJBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Virat Popat, for the complainant, learned APP Ms.C.M.Shah for the respondent ? State and the rule served for the respondent nos.2 and 3 in Cr.M.A. No.7036 of 2020 and learned advocate Mr. K.S. Chandrani for the applicant/accused Mansukhbhai in Cr.M. No.7387 of 2020 through video conference.

(2.) Cr.M.A. No.7387 of 2020 is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No. I - 184 of 2019 registered with B ?Division Police Station, Rajkot City for offence under Sections 302 , 323 , 504 and 120(B) of the Indian Penal Code and Section 135(1) of the Gujarat Police Act and Cr.M.A. No.7036 of 2020 is filed by the complainantfor cancellation of bail of the respondent nos.2 and 3 viz. Nitinbhai Madhavjibhai Dabhi and Rahulbhai Rajeshkumar @ Rajubhai Gohil respectively.

(3.) Learned advocate Mr.Virat Popat appearing for the originalcomplainant submitted that the respondent nos.2 and 3 are part of the assembly of the five persons, who have committed alleged offence of Sections 302 , 323 , 504 and 120(B) of the Indian Penal Code, 1860. He further submitted that the Court below has given the reasoning for releasing the respondent nos.2 and 3 that their role is different than that of the other co ?accused persons viz. Mr.Mansukhbhai Keshubhai Dholariya as respondent nos.2 and 3 have done only Reki of the place of incident and no role is attributed to them in the charge ?sheetpapers. Mr.Virat Popat, further submitted that all the accused persons are charged with the offence punishable under Section 120(B) of the Indian Penal Code and therefore, role of the individual accused persons cannot be segregated than that of the main accused.