BHUPENDRASINH MAHAVIARSINH RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Rule. Learned APP, Mr.P.R.Abichandani waives service of rule for respondent-State.

(2.) . Mr.Abichandani, learned APP for the respondent-State conceded that the re was a bona fide mistake on the part of Mr.B.J.Shah, learned APP appearing before the Trial Court to state that the name of the accused was disclosed immediately in the FIR. In fact, the name of the accused was disclosed immediately by the complainant but in his further statement recorded on that very day i.e. on 20.10.2001, the day on which he lodged FIR about the incident which took place on previous night of 19.10.2001 at 10.30 p.m. The FIR was lodged at 2.00 a.m. at 20.10.2001 i.e. within three and half hours of the incident.

(3.) . Learned Senior Advocate Mr.N.D.Nanavati appearing for the applicant-accused vehemently submitted that there was a total nonapplication of mind on the part of the learned Sessions Judge, while rejecting the subsequent bail application by his judgment and order dated 7.5.2002. Mr.Nanavati took me through the earlier order passed by learned Sessions Judge rejecting his bail application on 26.2.2002 before the submission of charge sheet and the subsequent order dated 7.5.2002 rejecting the bail application after the submission of charge sheet. He vehemently submitted that practically the learned Judge has reproduced in his subsequent order dated 7.5.2002 what has been stated by him in his earlier order dated 24.2.2002. Thus, he has been denied right of bail.