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2004 Supreme(SC) 135

N.S.HEGDE, B.P.SINGH
Omar Usman Chamadia – Appellant
Versus
Abdul – Respondent


JUDGMENT

Santosh Hegde, J.-Heard learned counsel for the parties.

Leave granted.

2. The appellant herein who is the complainant in Criminal Case No. 402 of 2002 registered with Jamnagar Police Station, Gujarat, is challenging the impugned order of the High Court, whereby the High Court allowed a criminal misc. application filed by the first respondent herein and enlarged him on bail on conditions mentioned therein.

3. It is the case of the appellant herein that the first respondent and some other accused persons attacked the appellant and some others on 14th of August, 2002 at about 10.30 a.m. in village Bedi near Jamnagar, consequent to which attack one of the victims Anwar Ala Chamadiya died and others suffered injuries. In regard to this incident, the appellant filed the above mentioned criminal complaint which was registered by the Jamnagar Police Station for offences punishable under Sections 302, 324, 325, 147, 148 and 149 IPC as also under Section 25(1) of the Arms Act and Section 135(1) of the Bombay Police Act. On coming to know of the death of above said Anwar Ala Chamadiya, the Investigating Agency added Section 302 IPC also. On being arrested on the above charges, the first













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