G.R UDHWANI, J.

1. Heard learned advocate for the applicant and learned APP for the respondent State.

2. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 326, 325, 323, 504, 506(2), 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act for which FIR came to be registered at C.R No. I-101 of 2017 with Kadi Police Station.

3. The learned counsel for the petitioner submitted that the use of sticks has been attributed to the petitioner for causing external injuries on the person of the deceased which though have been certified as the injuries sufficient in the ordinary course of nature to cause death, the weapons stick cannot be said to be a dangerous weapon and the external injuries were not so serious as would cause death in the ordinary cause of nature. It was submitted that FIR was delayed by one day as the deceased was removed to the hospital and succumbed to the injuries only after four days and thus it is submitted by learned counsel for the petitioner that proximity between the acts of the petitioner and the result thereof were lacking.

4. Learned APP invited