[GUJARAT HIGH COURT ]

NARANSINH vs STATE OF GUJARAT CRMA 21006/22 23/12/22

•Section 439 CRPC Sections 302, 307, 506(2) and 114 IPC Gujarat Police Act Section 135 Regular bail Person should be deprived of his liberty upon only belief that he will tamper with witnesses if left at liberty, save in most extraordinary circumstances Applicant accused has played important role in commission of alleged offence Possibility that if applicant accused is released on regular bail then applicant-accused will not remain present before Court during trial in alleged offence and at this stage, even accused is in jail relatives or friends have tried to convince complainant and witnesses to settle the issues Thus, looking to affidavit filed by original complainant, it appears that complainant has stated on oath that matter is amicably settled between parties and if applicant is released on bail he has no objection Such a practice is unwarranted and it amounts to hampering/tempering with the evidence or witnesses, when such serious offence of murder is committed Therefore, affidavit on oath filed by original complainant cannot be considered Hence, no grant of regular bail.

13. In view of the above, it appears that the applicant accused has played important role in commission of alleged offence. There is possibility that if the applicant accused is released on regular bail then applicant-accused will not remain present before the Court during trial in the alleged offence and at this stage, even the accused is in the jail relatives or friends have tried to convince the complainant and witnesses to settle the issues. At this stage, it is important to note here that looking to the affidavit filed by the original complainant, it appears that the complainant has stated on oath that the matter is amicably settled between the parties and if the applicant is released on bail he has no objection. Such a practice is unwarranted and it amounts to hampering/ tempering with the evidence or witnesses, when such a serious offence of murder is committed. Hence, this Court is of the opinion that such an affidavit on oath filed by the original complainant cannot be considered, looking to the gravity and severity of the offence committed by the accused person.

(Adv Saba Hasan)All Rights Reserved

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CR. NARANSINH AMARSINH BIHOLA Versus STATE OF GUJARAT judgment _3_23122022