LAWS(SC)-2006-4-103

KANAKSINH MOHANSINH MANGROLA Vs. STATE OF GUJARAT

Decided On April 07, 2006
KANAKSINH MOHANSINH MANGROLA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) Leave granted.

(3.) This appeal is directed against the order of the High Court passed on 11.5.2005 rejecting the bail application filed by the appellant u/s. 439 of the code of criminal procedure mainly on the question of non-maintainability of the application. According to the High Court the petition u/s. 439 the code of criminal procedure is not maintainable as the petitioner was not in custody.