The court denied bail due to the applicant's significant involvement in serious offences, including assault resulting in permanent disability, emphasizing the need for careful consideration of the applicant's role and prior conduct.

ORDER :

(M.R. MENGDEY, J.)

1. The applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ) for enlarging the applicant on Regular Bail in connection with FIR being C.R. No.11193008230293 of 2023 registered with Babra Police Station, District:Amreli for the offences punishable under Sections 307, 325, 324, 323, 341, 143, 147, 148 , 149 and 120B of the Indian Penal Code and Section 135 of the G.P. Act .

2. Heard learned senior advocate Mr.J.M.Panchal with learned advocate Mr.Ashish M. Dagli appearing for the applicant, learned senior advocate Mr.Anshin Desai with learned advocate Mr.Bhash H. Mankad for the original complainant and learned APP Ms.Monali Bhatt for the Respondent – State.

3. Learned senior advocate for the applicant submitted that the investigation of the offence is over and charge-sheet has been filed. The present applicant has been arrested in connection with the present offence on 7.6.2023 and since then the applicant is in custody.

3.1 He further submitted that the proceedings against the present applicant is going on before learned Sessions Court, Amreli vide Sessions Case No.217 of 2023 and in the said proceedings, an application has been submitted by the prosecution vide Exh.18 praying for stay of the proceedings of the said Sessions Case under the provisions of Section 10 of the GUJCTOC Act , since another offence under the provisions of GUJCTOC Act has been registered against the present applicant and the other co-accused. Therefore, the trial of the present offence would commence only after the proceedings of GUJCTOC are over. Hence, there is no likelihood of the trial of the present offence commencing and concluding in near future.

3.2 He further submitted that initially the present FIR came to be lodged against several accused persons including the present applicant, however the investigating agency after conclusion of investigation, had filed the charge-sheet only against some of the accused persons including the present applicant and C-Summary came to be filed against the other accused persons. Thus, while registering the offence, the prosecution had also arraigned those persons as accused in the FIR, who are not at all involved in the present offence. Thus, it is a case of over implication.

3.3 He further submitted that this court has considered the case of another co-accused namely Ravirajbhai alias Ravi Chaprajbhai Gida for grant of bail on the ground of stay of the proceedings of the Sessions Case under the provisions of Section 10 of the GUJCTOC Act . He, therefore, submitted to allow the present application and enlarge the present applicant on bail subject to suitable conditions.

4. The application is opposed by learned APP contending that the applicant has actively participated in commission of the offence in question. The applicant was very much involved in the offence and had played an active role in commission of the offence in question. The present applicant had assaulted the victim with a wooden stick and because of the said assault upon the victim, the victim had sustained severe injuries on his body and had sustained 25% permanent disability in one of his lower limbs. She therefore submitted that the present application should be dismissed.

5. Learned senior advocate appearing for the original complainant has also opposed the present application contending that as per the provisions of Section 10 of the GUJCTOC Act , the proceedings of the Sessions Case would automatically get stayed and for that purpose no application is required to be submitted by the prosecution. However, mere stay of the proceedings of the Sessions Case would not entitle the present applicant for grant of bail. He submitted that the present applicant has actively participated in commission of the offence in question as the present applicant was very much involved with the other co-accused. The present applicant and the other co-accused had assaulted the victim with wooden stick