GULSINGBHAI RUVAJIBHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed for cancellation of anticipatory bail granted to the respondent No.2 by the Chief Judicial Magistrate, Tapi vide order dtd. 8/5/2015 Criminal Misc. Application No.24 of 2015 in connection of the F.I.R., which has been registered at Criminal Registration No.I-24 of 2015 by Vyara Police Station at Vyara, District Tapi.

(2.) Learned advocate Mr.Trivedi has submitted that the impugned order is required to be set aside since the said car is still not recovered. It is submitted that the investigation is carried out in slip-shod manner and looking to such investigation, the order granting bail to the respondent No.2 is required to be set aside. He has further referred to the observations made by this Court in the order dtd. 8/12/2016 passed in Special Criminal Application (Direction) No.6062 of 2015 filed by the applicant and has submitted that the Court has directed the Investigating Officer to proceed further in accordance with law and see to it that the car is traced out and recovered. Thus, he has submitted that the application may be allowed and the impugned order may be set aside.

(3.) In response to the aforesaid submissions, learned APP Mr.Dabhi, upon instructions of Mr.Ganpatbhai Gomabhai, Head Constable, Buckle No.374, Vyara Police Station, District Tapi, who is present before this Court, has submitted that as per the report, the respondent No.2 has not misused his liberty and there nothing adverse found against the respondent No.2. He has further submitted that all the accused were arrested and thereafter the trial is progressed. He has submitted that the concerned car is already recovered by the Investigating Officer.