Home / Supreme Court / Judgments / 2022 / Diary 7103

BHARWAD SANTOSHBHAI SONDABHAI v. THE STATE OF GUJARAT

Supreme Court of India | Diary 7103/2022

Status

Order

Decided On

2023-08-22

Bench

HON'BLE MS. JUSTICE HIMA KOHLI and HON'BLE MR. JUSTICE RAJESH BINDAL

Petitioner

BHARWAD SANTOSHBHAI SONDABHAI

Respondent

THE STATE OF GUJARAT

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.2495 OF 2023

@ Petition for Special Leave to Appeal (Crl.) No. 3552/2022

BHARWAD SANTOSHBHAI SONDABHAI APPELLANT

VERSUS

THE STATE OF GUJARAT & ANR. RESPONDENTS

O R D E R

1. Leave granted.

2. The present appeal by way of special leave has been filed by the complainant who is

aggrieved by the order dated 18th February, 2022, passed by the learned Single Judge of the

High Court of Gujarat at Ahmedabad in a Criminal Miscellaneous Application1 filed by the

respondent No.2 under Section 439 of the Code of Criminal Procedure, 19732, granting him

regular bail in connection with FIR No.I-CR No.11216008210400/20213, for the offence under

Sections 302 and 114 of the Indian Penal Code, 18604 read with Section 30 of the Arms Act

and Section 135 of the Gujarat Police Act.

3. The incident in question took place in the late hours of 17 th September, 2021, when as

per the complainant, respondent No.2 (accused No.2) along with accused No.1 were seated

together at the farm of the victim, namely, Parvinbhai and they had got into a heated argument.

In the course of the said argument, on the exhortation of the respondent No.2 (accused No.2),

1 Crl. Misc. Application No.23194/2021 2 for short ‘the Cr.P.C.’ 3 registered with Gandhinagar Sector-7, Police Station, Gandhinagar 4 in short ‘the IPC’

2

accused No. 1 took o...

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