The court established that a prima facie case and the accused's conduct are critical in bail considerations, especially in serious offenses like murder.

ORDER :

Ilesh J. Vora, J.

1. Heard Mr. N.D. Nanavaty, learned Senior Counsel assisted by Mr. A.S. Timbalia, learned counsel for the applicant – Jayendrasinh @ Jaydipsinh Gohil and Ms. Shruti Pathak, learned Additional Public Prosecutor for the respondent State.

2. This is the fourth successive bail application is preferred under Section 439 of the Code of Criminal Procedure.

3. The relevant details are as under:

4. Factual details relevant to dispose of this successive bail application are summarized as under:

(i) As per the prosecution case, the incident in question took place on 17.09.2021. The deceased Pravin Maniya was owner of Samrajya Farm, situated under the jurisdiction of Gandhinagar district. The deceased and the accused applicant Jayendrasinh and accused no.2 Tarunsinh Zala and others like Janakbhai Vichhiya, Harpalsinh Sarvaiya, Jayrajsinh Rana and Santosh Bharwad, were assembled at the farm of the deceased for party. During the discussion on the issue of who will give best party at Mumbai, the accused nos. 1 and 2 along with deceased Pravinbhai had got into heated arguments. In the course of said arguments, at the instance of Tarunsinh Zala, the applicant accused Jayendrasinh Gohil took out his licensed revolver and fired at the deceased. It is further alleged that, the accused Tarunsinh Zala had also inflicted sword injury upon the deceased. Both the accused fled away from the spot and later on, they again came at the spot. At that time, the witnesses, who were gathered, more particularly witness Bharwad Santoshbhai scolded both the accused and in process of detaining him, the accused run away from the spot and while running away, the witness Bharwad Santoshbhai tried to stop the Mercedes car, which was used by the accused, however, they did not stop their car and in that process, the witness Bharwad Santosh sustained injuries. The deceased Pravin Maniya was taken to nearly private hospital, where he was declared dead. The son of the deceased Vijay Maniya, PW-4, immediately lodged an FIR with the Gandhinagar Police Station and accordingly, the investigation being entrusted to the Gandhinagar Police.

(ii) During the investigation, the I.O. has collected the C.C. TV footage, wherein, the entire incident was recorded. He drew the panchnama of incident and seized the material from the place. The I.O. requested the Executive Magistrate to hold the T.I. Parade, wherein the witness like Geeta Devi Raval and others have identified the accused. The I.O. has seized the license of the accused applicant, allegedly issued by the District Magistrate to possess and use the fire arms and also collected the liquor permit issued in favour of the applicant accused. The statement of Janak Vichhiya was recorded under Section 164 of the Cr.P.C. by the Magistrate. The Investigating Officer found sufficient evidence against the accused for commission of offence of murder and accordingly, on 04.12.2021, chargesheet came to be filed against the applicant and co-accused Tarunsinh Zala. The case has been culminated into Sessions Case No. 116 of 2021. The Sessions Court, Gandhinagar has framed the charge for the aforesaid offences on 17.09.2022. The accused herein hired lawyer for defence and on 17.12.2022, the vakalatnama of one Mr. C.K. Shah, was filed. On the same day, the panch witness PW- 1, was examined.

(iii) During the trial proceedings, the appli