The father of respondents No.2 and 3 accused No.1 and 2 were loaned money by the father of companyplainant Bharatbhai Bhimabhai Bharwad and due to grudge about the transactions, on 10.01.2019, the companyplainant Bharatbhai and the witnesses were abused.
Alpeshbhai respondent No.3 accused No.2 also dealt sword blow on the chest of Ajitbhai and when prevented, the blow caused injuries on his right hand elbow.
After companysidering the arguments and also the materials placed before the companyrt, the learned Additional Sessions Judge observed that prima facie case is made out against the accused and gravity of offence has to be taken into companysideration.
Challenging the order granting bail to respondents No.2 and 3, the companyplainant Bharatbhai filed Criminal Misc.
Respondents No.2 and 3 and other accused were arrested on 16.01.2019 and were remanded to judicial custody on 17.01.2019.
On 10.01.2019 at 1530 hours, Kishanbhai respondent No.2 accused No.1 inflicted sword blow on the head of Ajitbhai brother of companyplainant and when Ajitbhai tried to save himself by lifting his hand, his left hand palm was cut.
Application Nos.3528 of 2019 and 3529 of 2019 and order dated 07.03.2019 On numbere for speaking to minutes of order dated 26.02.2019 in R CR.MA/3529/2019 in and by which the High Court declined to interfere with the order passed by the trial companyrt granting bail to respondents No.2 and 3 accused No.1 and 2 and further relegating the appellant companyplainant to approach the Sessions Court on the alleged breach of companydition of bail and for imposing the appropriate companyditions.
Ravibhai accused No.3 has dealt indiscriminate blows of stick on the companyplainant and caused injuries to him.
However, the learned Additional Sessions Judge granted bail on the ground that the injured Ajitbhai was discharged from the hospital on 24.01.2019 and other injured witness Shaileshbhai was also discharged from the hospital and that weapons allegedly used in the companymission of offence have been recovered and also the statements of important witnesses are recorded.
The respondents No.2 and 3 accused No.1 and 2 filed bail application which was allowed by the learned Additional Sessions Judge, Viramgam vide order dated 06.02.2019.
Application No.3528 of 2019 before the High Court.
Shaileshbhai friend of companyplainant also sustained injuries on both of his hands.
On the companyplaint lodged by the companyplainant, FIR was registered in Crime No.02/2019 at Viramgam Rural Police Station under Sections 323, 324, 326, 307, 504, 506 2 and 114 IPC.
Date 2019.07.30 155902 IST Reason These appeals are preferred against the order dated 26.02.2019 passed by the High Court of Gujarat at Ahmedabad in Criminal Misc.
BANUMATHI, J. Signature Not Verified Digitally signed by MAHABIR SINGH Leave granted.
