RIDRESH JAYENDRABHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 439(2) of the Code of Criminal Procedure, 1973 ('the Code ' for short) by the original complainant with a prayer that the order dated 7.8.2021 passed by the Special A.C.B. Judge and 4th Additional Sessions Judge, Surat in Criminal Miscellaneous Application No.4323 of 2021 be quashed and set aside and thereby the bail granted to the respondent-accused be cancelled.

(2.) Heard learned advocate Mr.Tolia for the applicantcomplainant. It is submitted that FIR being C.R.No.6 of 2021 has been filed with ACB Police Station, Surat city against the respondent-accused punishable under Sections 7(A) and 13(2) of the Prevention of Corruption Act, 1988. Learned advocate for the applicant has referred to the allegations levelled against the respondent-accused in the FIR in question and thereafter submitted that the respondent-accused who is a doctor has demanded illegal gratification from the complainant for issuance of Corona Virus Positive Certificate and therefore FIR is filed against him.

(3.) On the other hand, learned APP Mr.Dave submitted that till today, the state has not filed any application for cancellation of bail granted to the respondent-accused. However, learned APP submitted that in the facts and circumstances of the present case, this Court may pass appropriate order.