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2023 Supreme(Guj) 207

VIPUL M. PANCHOLI
Sahil Iliyasali Saiyad – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. Hardik P. Barot.
For the Respondent: Mr. Dhawan Jayswal, APP.

ORDER :

1. The present second successive bail application is filed under Section 439 of the Code of Criminal Procedure, 1973 ('Code' for short), for regular bail in connection with FIR being C.R. No.I-100/2018 registered with Kalol Taluka Police Station, Gandhinagar for offences under Sections 302, 120(B), 34, 147, 148 and 149 of the Indian Penal Code ('IPC' for short) and Section 135 of the Gujarat Police Act.

2. The crux of the FIR is as under,

The accused persons in connivance with each other, keeping grudge about the dispute going on between the community of Hindu and community of Muslim, have hatched conspiracy and assaulted one Ashokbhai Ranchhoddas Patel with sharp cutting weapons and hard substance on head and left leg and thereby caused severe injuries and because of which, he succumbed to the same and thereby the accused have committed alleged offences.

In connection with the aforesaid FIR, the investigation was carried out and during the course of investigation, the concerned IO submitted report for addition of Sections 147, 148 and 149 of the IPC and on conclusion of the investigation, the chargesheet came to be filed for the offences under Sections 302, 120(B), 34, 147, 14

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