2017 (8) TMI 1724

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....rma, Advocate with Shri NK Mehta, Advocate. For the Respondent-State : Shri Sangharsh Pandey, Dy. GA for the State. Order On Board 1. MCRC No. 5139 of 2017 is the second bail application on behalf of the applicant Sunny @ Amit Lalwani and MCRC No. 5141 of 2017 is the third bail application on behalf of the applicant Golu @ Vinay Lalwani, filed under Section 439 of the Code of Criminal Procedure....

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.... the inspection was conducted by the General Manager and other officials and initially the accused ransacked the office of the FCI, thereafter when the officials went to Quality Control Laboratory, again after some time the applicants came there and started arguing with the officials on some issue and thereafter assaulted the General Manager as a result which he sustained injury on the eye as also....

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....ame cannot be attributed to the present applicants. He further submits that one co-accused Mohan Lalwani has been enlarged on bail and the case of the present applicants is also similar to him, therefore, the applicants may also be enlarged on bail and they are in jail since 19.11.2017. 5. Learned State counsel vehemently opposes the bail applications and submits that the co-accused Mohan Lalwani....

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....r with the other coaccused. The fact that whether the primary evidence have been adduced or not and the statement of Manish Tawri (PW-11) who states about the presence of fracture cannot be decided during hearing the bail applications, it would be within the exclusive domain of the trial Court to examine the same. Any observation or finding at this stage would amount to usurp the power of trial Co....