STATE OF GUJARAT Vs. SIDDHARTH RAMBHAI PATEL

JUDGEMENT

(1.) This appeal is filed by the State of Gujarat praying for quashing and setting aside order dated 09.07.2019 passed by learned 8th Additional Sessions Judge, Ahmedabad (Rural), Mirzapur, passed in Criminal Misc. Application No.2175 of 2019 granting an order of anticipatory bail in favour of the respondentaccused. Pursuant thereto, the respondent-accused appeared before the police on 11.07.2019 and he came to be arrested and released on bail by the police.

(2.) As such, order of anticipatory bail has come to be exhausted but further facts which are crucial to the determination of cancellation of anticipatory bail to the respondent-accused as Ms.Jirga Jhaveri, learned Additional Public Prosecutor has placed on record a report signed by Assistant Commissioner of Police, Dholka Division, Dholka addressed to the office of the Government Pleader, Gujarat High Court, stating therein that the State has refused the sanction under Section 197 of the Code of Criminal Procedure, 1973 (for short 'the Code ') to prosecute Chief Officer - accused - Siddharth Rambhai Patel and therefore, he has submitted a report under Section 169 of 'the Code ' before the competent Court. The said report is taken on record. Since no trial to take place against the present respondent-accused in view of refusal of sanction as also a report under Section 169 of 'the Code ' filed against him, for the present, this appeal praying for cancellation of an order of anticipatory bail cannot be entertained. In case, report under Section 169 of 'the Code ' filed by the police is refused or a sanction is ultimately accorded to prosecute the applicant, the State of Gujarat is permitted to revive the present appeal. Hence, this appeal, for the time being, is disposed of.