By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.I-202 of 2011 registered with Katargam Police Station, for the offence punishable under Sections 302, 341, 365, 201, 120B, 114 and 118 of IPC.
Heard learned Senior Counsel, Mr.R.S.Sanjanwala for the applicant and learned APP, Mr.L.B.Dabhi for the respondent-State.
It is submitted by learned Senior Counsel, Mr.R.S.Sanjanwala, for the applicant that present applicant is original accused No.4, who has no business relation with accused Nos.2 and 3 and no prima facie offence under Sec.302 of IPC is made out against the applicant. It is further submitted that only for the purpose of extracting information with reference to stolen diamonds, the deceased was beaten up and there was no intention on the part of the accused for committing the murder of the deceased. It is further submitted that the present applicant was later on called by the other accused persons for the said purpose and it is alleged that present applicant also caused injury to the deceased with wooden log and thereafter he left the place of offence and, therefore, considering the role attributed to the present applicant, he may be released on bail.
Mr.L.B.Dabhi, learned Additional Public Prosecutor, has vehemently opposed the present application and contended that the applicant is involved in a serious offence and even prima-facie case is made out against the applicant and hence, he may not be enlarged on bail.
This Court has gone through the papers of charge sheet. No doubt, the present applicant was called by the other accused persons and for the purpose of getting correct information from the deceased, the applicant also caused injury with wooden log and as per the statement of witness, he left the place thereafter. As per the post mortem report of the deceased, the deceased died due to multiple injuries sustained by him and cause of death is shown to be due to these injuries. No doubt, present applicant caused some injury with wooden log and thereafter he left the place. However, it is pertinent to note that subsequently for the purpose of disposing of the dead body of the deceased, car of the present applicant was used and thus he took active part in the commission of offence as per the papers of charge sheet. The trial court has, after thoroughly going through the police papers, rightly came to the conclusion that present applicant is also involved in committing the crime and, therefore, in such kind of seriousness offence, applicant cannot be enlarged on bail. In view of the above, this Court would not think it fit to exercise its discretion under Sec.439 of Cr.P.C. in granting bail to the applicant.
Hence, this application is rejected. Rule is discharged.
In view of the fact that applicant is in jail as an undertrial prisoner, trial court is directed to dispose of the Sessions Case as early as possible preferably within one year from the date of receipt of copy of this order.
The observations made by this Court in this order being made for the purpose of deciding this application shall not prejudice the parties in trial.
[M.D.SHAH,J.] radhan Top