Mohammed Akram @ Raja S/O ... vs State Of Gujarat
2022 Latest Caselaw 8686 Guj

     R/CR.MA/16688/2022                          ORDER DATED: 30/09/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 16688 of 2022

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          MOHAMMED AKRAM @ RAJA S/O RIYAZUDDIN QURESHI
                            Versus
                      STATE OF GUJARAT
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Appearance:
for the Applicant(s) No. 1
MR JUNEDAHEMSD V SHAIKH(10417) for the Applicant(s) No. 1
MS CM SHAH, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA

                            Date : 30/09/2022

                             ORAL ORDER

1. By way of present successive bail application filed under Section 439 of the Code of Criminal Procedure, the applicant seeks regular bail in connection with F.I.R. registered at C.R.No.I-98 of 2019 with Danilimda Police Station, Ahmedabad for the offences punishable under Sections 302, 294(b) of IPC and under section 135(1) of GP Act.

2. Brief facts as reflecting in the charge-sheet is such that the applicant accused, because of previous enmity verbally abused the complainant's son viz. Sharif @ Toya and thereafter, attacked with sharp weapon and inflicted on vital part of the body which resulted in his death.

3. Vide order dated 05.04.2021, liberty was reserved in favour of the applicant to move fresh bail application before the Competent Court after deposition of the complainant - mother of

R/CR.MA/16688/2022 ORDER DATED: 30/09/2022

the deceased is recorded and therefore, present application is filed.

4. Learned advocate for the applicant submits at bar that deposition of the complainant has been recorded at Exh.18 in Sessions Case No.120 of 2021 and there are various contractions in her deposition. It is further submitted by him that there is no any past antecedent registered against the applicant and therefore, considering the principle laid down in the case of Pohalya Motya Valvi v/s. State of Maharashtra reported in (1980) 1 SCC 530 and P.Chidambaram v/s. Directorate of Enforcement reported in (2020) 13 SCC 791, the applicant may be released on bail pending trial.

5. No-doubt, basic jurisprudence relating to bail remains the same as much as grant of bail is the rule and refusal is exception. Said principle is well settled, but the Court cannot overlook the gravity of offence and same has to be gathered from the facts and circumstances arising in each case. In the case on hand, deposition of the mother of the deceased is relevant to be kept in mind, since deceased made specific oral Dying Declaration before her, wherein, deceased informed her that the applicant gave two blows on the body one on back and one on chest. PM report suggests that the deceased had died on account of shock as a result of injuries sustained.

6. In view of deposition of mother of the deceased and considering the case law cited at bar by learned advocate for the applicant, more particularly, para 23 of the judgment in the case

R/CR.MA/16688/2022 ORDER DATED: 30/09/2022

of P.Chidambaram (supra), the Court is not inclined to entertain present application. Therefore, the applicant is left with no option but to obtain verdict of his innocence or involvement in the offence by following due procedure laid down under Chapter XVIII of Code of Criminal Procedure. Not only that the Court cannot appreciate the evidence in the manner suggested by the applicant.

7. The present application being devoid of merits is hereby rejected.

(S.H.VORA, J) SATISH