MAVUBHA BACHUBHA JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Criminal Revision Application is filed against order dated 29.10.2012 passed by learned 8th Sessions Judge (ad hoc), Gandhidham, Camp Anjar, Kutch in Criminal Misc. Application No. 236 of 2012 whereby learned Judge has allowed the application of the original complainant for cancellation of the bail granted to the present applicant by this Court vide its oral order dated 30.09.2011 in Criminal Misc. Application No. 13720 of 2011.

(2.) HEARD learned advocate Mr. Dipen K. Dave for the applicant, learned Assistant Public Prosecutor Mr. K.L.Pandya for the State, and learned advocate Mr. Asho K. Purohit for respondent no.2 - original complainant.

(3.) LEARNED advocate for the applicant referring to reply exhibit 22 filed by the applicant submitted that as he was not keeping well and was under medical treatment, he could not mark his presence for certain period. It was submitted that thereafter since last four dates. he was marking his presence regularly. It was submitted that the lapse was unintentional and on such ground, the bail granted could not have been cancelled by the Sessions Court. He next submitted that the applicant is law abiding citizen and although he failed to mark his presence for certain period before the Investigating Officer, he had remained present before the court in the proceedings of the case filed against him. He submitted that this Court may even provide further stringent condition.