VITHALBHAI TALSIBHAI PARMAR VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. U. A. Trivedi, learned A.P.P., appears and waives service of notice of rule on behalf of respondent No. 1-State whereas Mr. Y. S. Lakhani, learned Advocate appears and waives service of notice of rule on behalf of respondent No. 2.

(2.) By means of filing this petition under the provisions of Sec. 439(2) of the Code of Criminal Procedure ('the Code' for short hereinafter), the petitioner, who is the original complainant, has prayed for cancellation of bail granted to respondent No. 2 by learned Additional Sessions Judge, Mehsana vide order dated November 4, 1999 recorded in Misc. Criminal Application No. 47 of 1999.

(3.) The brief facts of the prosecution case, as per the F.I.R., are as under :