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2024 Supreme(Guj) 773

DIVYESH A. JOSHI
Pravin @ Popat Vitthalbhai Thakor – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. KJ Panchal
For the Respondent: Mr. LB Dabhi APP.

ORDER :

1. Both these applications are filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11204065230073/2023 registered with the Vaso Police Station, Kheda for the offence punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code and under Section 135 of the Gujarat Police Act.

2. Learned advocate for the applicants submitted that the so-called incident has taken place for the period between 20.04.2023 to 21.04.2023, for which, the FIR has been lodged on 21.04.2023 and the applicants have been arrested in connection with the same on 22.04.2023 and since then, they are in judicial custody. Learned advocate submitted that now the investigation is completed and after submission of the chargesheet, the present application is preferred. Learned advocate submitted that entire case of the prosecution hinges upon circumstantial evidence and nobody has witnessed the incident. Learned advocate submitted that during the course of investigation, the discovery panchnama of the weapon used in the commission of crime drawn under Section 27 of the Indian Evidence Act was by the concerned IO and at that relevant

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