RAMESHBHAI JAGJIVAN VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri Malulik Nanavati, Learned Additional Public Prosecutor appearing for the respondent Nos. 1 and 2 and Shri Arpit A. Kapadia, learned Advocate appearing for respondent No.3 waives service of rule. Rule is fixed forthwith at the request of learned Advocates for the parties.

(2.) The petitioner, informant in Crime Register No. 1-5 of 2010 registered with CID Crime (Economic Cell) Gandhinagar, has approached this Court under Article 226 of the Constitution of India challenging the order dated 16th April,2010 passed by the Learned Chief Metropolitan Magistrate, Ahmedabad, acting upon the report submitted by the respondent No.2 under Section 169 of the Code of Criminal Procedure, 1973 and ordering release of the respondent No.3 on furnishing bail of Rs.25,000/- with one solvent surety and personal bond of like amount with a condition that as and when his presence is required before the Court, then he will have to remain present before the Court. This order was made on 16th April,2010 below Exh. I in Summary Case No.01/2010 in respect of Crime Register No.5/2010 registered with CID Crime (Economic Cell) Gandhinagar, on the ground that the order is passed without jurisdiction and in a situation, which would not justify passing of the order and hence the same be quashed and set aside by issuing writ of certiorari or any other appropriate writ or order and has also prayed that the impugned order be stayed during pendency of the petition.

(3.) Facts in brief leading to filing of this petition deserve to be set out as under for the sake of convenience.