BINALBEN BHAVINBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 439(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') for cancellation of the anticipatory bail granted by the concerned Sessions Court to the respondent no.2-accused.

(2.) Heard learned advocate Mr.Shah for the applicant and learned APP Ms.Thakkar for respondent-State.

(3.) On the other hand, learned APP has pointed out that state has not challenged the order passed by the concerned Sessions Court while enlarging the respondent no.2-accused on anticipatory bail. It is also pointed out from the record that the order granting anticipatory bail to the respondent no.2-accused in the year 2018 has been complied with and thereafter respondent no.2-accused was arrested and enlarged on bail on the basis of the order of granting anticipatory bail in favour of the respondent no.2. It is also contended that chargesheet is also filed long back. It is, therefore, urged that this Court may not entertain the present application.