STATE OF GUJARAT Vs. PRAVIN

JUDGEMENT

(1.) This application is filed under Sec. 439(2) of the Code of Criminal Procedure, 1973 ('the Code' for short) for quashing and setting aside the order dtd. 5/2/2021 passed by the learned 5 th Additional Sessions Judge, Valsad in Criminal Miscellaneous Application No.64 of 2021 filed by the present respondent-accused for enlarging him on regular bail.

(2.) Heard learned APP Mr.Dave for the applicant-state and learned advocate Mr.Soni for respondent-accused.

(3.) Learned APP has mainly contended that FIR being C.R.No.11200011201984 of 2020 was registered with Valsad Rural Police Station for the alleged offences punishable under the Prohibition Act and the respondent-accused came to be arrested in connection with the said FIR. Thereafter, respondent-accused filed application under Sec. 439 of the Code before the concerned Sessions Court. The Sessions Court vide the impugned order enlarged the respondent-accused on regular bail and therefore this application is filed for quashing and setting aside the said order and cancellation of the bail granted to the respondent-accused.