SHEETALKUMAR KANTILAL THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Hiren M. Modi for the applicant, learned advocate Mr.Hardik A. Dave for respondent No.2 and learned Public Prosecutor Mr.D.M. Devnani for the respondent State.

(2.) This application is filed for cancellation of temporary bail granted by the concerned Sessions Court to the respondent accused vide order dated 26.03.2020.

(3.) Learned advocate for the applicant mainly contended that the Sessions Court has committed an error while enlarging the respondent accused on temporary bail for a period of two months relying upon the Guidelines issued by the Honourable Supreme Court. It is submitted that High Power Committee has enlarged the concerned accused on temporary bail in given cases. However, so far as the person facing investigation or trial under the offence against women and children cannot be enlarged on temporary bail. It is, therefore, urged that the temporary bail granted to the respondent accused be cancelled. It is also contended that before enlarging the respondent accused on temporary bail, the first informant was not heard and surprisingly, the concerned Public Prosecutor has given his consent for enlarging the respondent accused on temporary bail. Learned advocate, therefore, urged that the impugned order be set aside by cancelling the temporary bail granted to the respondent accused.