DIMPLEBEN PURSHATTAMDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr K P Rawal, learned APP waives service of notice of Rule on behalf of respondent No.1. Mr Harnish V Darji, learned Advocate waives service of notice of Rule on behalf of respondents No.2 and 3.

(2.) BEING aggrieved and dissatisfied with the order passed below Exh.12 dated 28.6.2011 by the learned Addl.Sessions Judge, Ahmedabad (Rural) in Criminal Misc.Application No.964 of 2011 whereby the respondents -original accused No.2 and 4 were granted anticipatory bail in connection with offences punishable under sections 307 read with sections 294(kh), 323, 114 of the Indian Penal Code and section 135 (1) of the Bombay Police Act, the applicant has filed this Misc. Criminal Application for cancellation of the anticipatory bail granted to the respondents -accused under section 439 (2) of the Code of Criminal Procedure, 1973.

(3.) THE facts of the case in brief are that the applicant, Dimpleben Purushottambhai Patel, original complainant has lodged the compliant being CR No.I -38 of 2011 registered at Sola Police Station on 11.2.2011 for the offences which occurred on 24.2.2010 around 9.30 a.m. in the morning but as the applicant/original complainant, due to the injury sustained in the accident, went in coma recovered gradually and as per the medical report, she regained her memory on 2.2.2011 and thereafter she informed her parents about the actual incident occurred on 24.2.2010 and how she sustained injury. Thereafter the FIR was registered on 11.2.2011 at Sola police station for the offences punishable under section 307 read with section 294 (kh), 323, 114 of IPC and section 135 (1) of the Bombay Police Act.