Point in Issue :
Whether in the facts of the case — Appellant is entitled to bail.

JUDGMENT

Dipak Misra, J.-Leave granted.

2. Grieved by the order of rejection of prayer for bail for offences punishable under Sections 302, 201 and 120-B of the Indian Penal Code, 1860 (for short ‘the IPC’) and under Sections 25(1)(b) and 27 of the Arms Act, 1959 in Criminal Misc. Application No. 9576 of 2011 dated 26.7.2011 by the High Court of Gujarat at Ahmedabad, the appellant, accused No. 4, has preferred the present appeal by special leave under Article 136 of the Constitution.

3. The appellant was arraigned as an accused in crime/F.I.R. No. 163/2010 for the aforesaid offences and the investigation was conducted by the CID (Crime), Ahmedabad. The prosecution case, in brief, is that an FIR was registered against two persons on 20th of July, 2010 about 8.40 pm. They came on a Bajaj motorcycle having registration No. GJ-1-DQ-2482. At the corner of “Satyamev Complex-I”, Opposite Gujarat High Court at S.G. Highway, they fired at one Amitbhai Bhikhabhai Jethwa from their country made revolver on the left part of his back and caused injuries to which he succumbed and they immediately disappeared from the scene of occurrence. After the criminal law was set in motion, the investigating agency commenced investigation and after completion, placed the charge-sheet before the competent court.

4. During pendency of investigation, an application was filed before the learned Session Judge for grant of bail contending, inter alia, that the name of the appellant was not found in the FIR; that he had no nexus with the commission of crime; that the case of the prosecution that he had conspired for murder of the deceased who was an RTI activist was absolutely incredulous inasmuch as the allegations against the appellant were totally vague and, in fact, had been deliberately made to destroy his unblemished public image, for he had been in public life for so many years; that the material brought on record in no way implicated the appellant in the crime in question and, therefore, he was entitled to bail. The learned trial Judge, analysing the material on record, declined to enlarge the appellant on bail. Be it noted, after the charge-sheet was filed the doors of the learned trial Judge were again knocked at but the same did not meet with success.

5. As the factual narration would exposit, the accused-appellant filed Criminal Miscellaneous Application No. 2847 on 30th March, 2011 before the High Court for grant of bail, but the same was withdrawn. Thereafter, the appellant filed Criminal Misc. Application No. 7505 of 2011 seeking temporary bail on the ground that his wife had suffered from acute gynaec problem and she needed to undergo surgery for Fibroid in the Uterus and regard being had to the said assertion the High Court granted temporary bail for a period of 21 days.

6. As is manifest from the material brought on record, the informant, after completing his duty about 8.00 p.m., was returning to his house on a motorcycle. He went to “Satyamev Complex” with his friend, Bhupatisinh, for the purpose of having tea and then they heard a gun shot sound and they rushed to the place where the firing took place. They found that one Bajaj motorcycle No. GJ-1-DQ-2482, one country made pistol and a plastic bag were lying on the road. They also saw a white colour Maruti Gypsy. The informant, who was a constable, informed his superior inspector on his mobile phone and gathered information from the public around. They were informed that two persons after firing drove towards Viswas City Road. The emergency ambulance was called for and the staff after examining the injured person declared him dead. The advocate present there identified the deceased to be Amitkumar Jethwa, an RTI activist. In course of investigation, the appellant was arrested on 7.9.2010.

7. Thereafter, as the factual matrix is uncurtained, the appellant preferred bail application under Section 439 of the Code of Criminal Procedure, 1973 forming the subject-matter of Crl. Application