MAHIJIBHAI @ MAYURBHAI KAMABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant - original first informant under Section 439(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code " for short) for quashing and setting aside the order dated 30.06.2016 passed by the concerned Sessions Court whereby the respondent accused has been enlarged on regular bail in connection with the FIR being C.R. No.I-67 of 2016 registered with Nadiad Rural Police Station on 31.05.2016.

(2.) Heard Mr.Majmudar, learned advocate for the applicant and Ms.Moxa Thakkar, learned Additional Public Prosecutor for the respondent State.

(3.) Learned advocate for the applicant submitted that the respondent accused was arrested in connection with the aforesaid FIR and, therefore, he filed an application under Section 439 of the Code before the concerned Sessions Court. The Sessions Court vide order dated 30.06.2016 enlarged the respondent accused on regular bail on certain terms and conditions. Learned advocate for the applicant has referred the terms and conditions, which are placed on record at Page-25 of the compilation. It is directed by the Sessions Court that the respondent accused shall not misuse his liberty and shall not tamper with the witnesses. 3.1 At this stage, Mr.Majmudar, learned advocate for the applicant, has referred the different FIRs which are filed against the respondent accused after he was released on regular bail by the concerned Sessions Court. Copy of the said FIRs are placed on record at Pages-39 to 72 of the compilation. After referring to the said FIRs, it is contended that six different FIRs have been registered against the respondent accused during the years 2016 and 2017 and the last FIR was registered on 13.09.2017. It is, therefore, contended that the respondent accused has violated condition No.1 of the order dated 30.06.2016 passed by the concerned Sessions Court. It is, therefore, urged that the bail granted to the respondent accused be cancelled.