( 1. ) HEARD Mr. P.M. Thakkar, learned Senior Counsel appearing with Mr. N.R. Kodekar for the applicant, Mr. N.D. Nanavati, learned Senior Counsel with Mr. Tushar Sheth for the respondent-accused and Ms. Chetna Shah, learned AGP for the respondent-State.

( 2. ) THIS is an application for cancellation of successive bail granted to the original accused no. 3 and 7 -present respondents no. 2 and 3 vide order dated 13.01.2011 by the Sessions Judge, Amreli in Criminal Misc. Application No. 16 of 2011.

It is the case of the prosecution that the complainant Rajubhai Pithabhai Vala lodged an FIR on 22.05.2010 at about 13.45 hours before Amreli Taluka Police Station wherein it is alleged that at around 7.00 am the father and three sisters namely Lilaben, Induben, Hiraben of the first informant were proceeding on a bullock-cart towards Nagjibhai's farm. The first informant and his brother Jairaj @ Ghogho reached the farm by motor cycle. While the first informant and his father were busy in agricultural work at around 08.30 am, the accused no. 1 Dilu Tapu armed with a sword, accused no. 2 Dada Tapu armed with an iron pipe, accused no. 3 Bharat Tapu armed with a Gun, accused no. 4 Jagu Tapu armed with a spear , accused no. 5 Umesh Dada Dhakda armed with a sword, accused no. 6 Joru Valku Bachiya armed with a sword, accused no. 7 Sangram Rabari armed with a Lathi and accused no. 8 Girish Chunibhai armed with a dhariya came there.

3.1 The accused no. 1 Dilu Tapu objected to the cultivation being carried out in Nagjibhai's farm. When the first informant tried to explain them the situation they got excited and the accused started abusing them. Accused no. 1 Dilu Tapu gave a sword blow on the chest as well as on forehead of the brother of first informant, accused no. 6 gave a sword blow on the right upper limb and on left side of the abdomen of the father of the first informant. Accused no. 1 also gave sword blow on the head of the first informant and all the accused assaulted them indiscriminately with deadly weapons.

3.2 It is the case of the prosecution that the first informant received injuries on his finger and the brother of the complainant fell on the ground bleeding profusely. As the sisters of the complainant started screaming and raised alarm, the accused fired gun shots in the air and fled from the scene of offence. In this incident, the brother of the complainant died on the spot.

3.3 An FIR came to be lodged in connection with the above incident by the complainant being C.R. No. I-73 of 2010 with Amreli Taluka Police Station. The accused persons except accused no. 1 and 5 who are absconding came to be arrested. After completing investigation, charge sheet came to be filed on 23.08.2010 for the offences punishable under sections 143, 147, 148, 149, 302, 325, 326, 504, 34 and 120(B) of Indian Penal Code and under section 25(1)(!), (1)(B)(A) of Arms Act.

3.4 The accused no. 4 Jagu Tapu also lodged a cross-complaint being C.R. No. I-72 of 2010 with Amreli Taluka Police Station against the complainant and his father for the offences punishable under sections 326, 324, 323, 504 and 114 of IPC alleging therein that on 22.05.2010 at about 08.30 am while Jagubhai and Girishbhai were going on a motorcylce and on reaching the field of Pithabhai his sons stopped the motorcycle and started using abusive language and asked them as to why they were passing through that road. It is also stated therein that the complainant inflicted Dharia blow on the head of Girish. In the meanwhile the brothers of the accused being other co-accused came at the spot and a fight took place between both the sides.

3.5 The accused persons preferred Criminal Misc. Application No. 16 of 2011 praying for regular bail before the Sessions Court. The Sessions Court after hearing the parties granted regular bail to the original accused no. 3 and 7- present respondents no. 2 and 3 vide order dated 13.01.2011. Being aggrieved by the said order, the present application is p