( 1 ) RULE. Shri P. R. Abichandani, learned A. P. P. waives service of Rule.

( 2 ) THE petitioner - accused Dr. Aamer Yunus Bhavnagari is a Dental Surgeon. One Hiteshbhai Vinodbhai Mehta lodged F. I. R. I-117/2002 at 18. 45 hours on 28. 2. 2002 before the Ellisbridge Police Station for the offence punishable u/s. 302, 114 I. P. Code and Section 25 (1) (c) of the Arms Act regarding the incident in question which took place on the same day i. e. on 28. 2. 2002 at 15. 15 hours. It is alleged in the F. I. R. that there was firing from the terrace by the Muslims who gathered on the terrace of Delight Flats and in that firing his friends Ashok Hiralal Arya and Prashant Nair received bullet injuries and died.

( 3 ) INVESTIGATION was started in that case by the then I. O. P. I. Shri J. K. Vachhani. Dr. Yunus Mohmedusman Bhavnagari, father of the present applicant, who is also Dental Surgeon and National Award Winner Shooter in Riffle competition apprehended that the police is going to arrest him for the murders of Shri Ashok Arya and Prashant Nair and causing injury to Hiten Thakkar, therefore, he first approached the City Sessions Judge, Ahmedabad for anticipatory Bail by way of Criminal Miscellaneous Application No. 513 of 2002. The said Application was filed on 14. 3. 2002. In his Application he has straightway come out with a case of self defence, that apprehending danger to his life and lives of his family members and the property in his self defence he has fired shots. He has also submitted an Application dated 7. 3. 2002 addressed to the Police Inspector of Ellisbridge Police Station to that effect. This very case of self defence was pleaded by the learned Counsel for the petitioner accused before the learned City Sessions Judge, Ahmedabad, who by his Judgment and order dated 18. 3. 2002 rejected his anticipatory bail Application on the ground that when the investigation is going on then at this stage it is not proper to grant anticipatory bail to the accused.

( 4 ) THEREAFTER he had moved Criminal Miscellaneous Application No. 1844 of 2002 before this Court and learned Senior Advocate Shri Maganbhai Barot, after arguing the matter for some time, on the point of self defence, sought permission to withdraw that anticipatory bail Application. Thereafter, Dr. Yunus Mohmedusman Bhavnagari was arrested on 31. 3. 2002.

( 5 ) IN the instant case the charge sheet was required to be filed within 90 days as per the provisions of Section 167 (2) Cr. P. C. , but instead of filing charge sheet against the accused it appears that Shri Shatish Sharma, Addl. Police Commissioner, Sector - I, Ahmedabad City directed the present I. O. P. I. Shri Joshi to file "c" Summary in connection with F. I. R. No. 117 of 2002 filed against Dr. Yunus Bhavnagari and two other accused Dr. Aamer Yunus and Aslam Harun Golibar.

( 6 ) IT seems that as per the direction of his superior officer P. I. Shri N. H. Joshi, who took over investigation in the matter on 26. 4. 2002, submitted his report u/s. 169 Cr. P. C. before the Court of Metropolitan Magistrate, Court No. 15, Ahmedabad, for discharging all the three accused i. e. (1) Dr. Yunus Bhavnagar, (2) Dr. Aamer Bhavnagar and (3) Aslam Harun Golibar.

( 7 ) THE hearing of that application was adjourned from time to time by the learned Metropolitan Magistrate. It is stated at the bar by learned Senior Advocate Shri Maganbhai Barot that one Shri Chentan Shah, Advocate, who claimed to be the witness to the incident, has filed an application before the learned Magistrate to hear him before taking final decision in the matter and the hearing of that Application is kept today itself.

( 8 ) IT may be stated that the present applicant accused Dr. Aamer Yunus, also apprehending his arrest in connection with the aforesaid offences of murder, filed anticipatory Bail Application first before the learned City Sessions Judge on 1. 4. 2002. The same was rejected by the learned City Sessions Judge, Ahmedabad on 5.