STATE OF GUJARAT Vs. VIPULSINH

JUDGEMENT

(1.) Present application has been preferred by the State of Gujarat under the provisions of Sec. 439 (2) and Sec. 482 of the Code of Criminal Procedure, for cancellation of regular bail granted to the respondent-accused vide order dtd. 31/8/2020 passed in Criminal Misc. Application No.12278 of 2020, mainly on the ground that the averments made by the respondent in his application that main accused has been granted regular bail was not correct. It is contended that main accused viz. Mahendrasinh @ Lalo S/o Mansinh Rathod was not released on bail at the relevant time and his bail application being Criminal Misc. Application No.14641 of 2020 was pending. It is contended that as mis-representation was made by the respondent regarding release of the main accused, order granting bail to present respondent may be recalled. It is contended that role of present respondent is similar to that of the main accused Mahendrasinh @ Lalo S/o Mansinh Rathod, whose application is still pending. Therefore, it is prayed to recall said order.

(2.) Affidavit-in-reply has been filed by the original respondent-accused at page 25, wherein it is stated that an averment was made that the main accused, who have hatched conspiracy have been released on bail by the coordinate Bench. It is also contended that now even accused no.1 is also enlarged on bail and main conspirators have also been released on bail by coordinate Bench in different applications, numbers of which are referred to in the affidavit. It is contended that entire case of the prosecution is based upon circumstantial evidence and, after hearing both the sides, this Court has exercised jurisdiction to enlarge the respondent on bail and, therefore, there is no need to recall such order. It is, therefore, prayed to dismiss present application.

(3.) Heard learned APP, Ms.Asmita Patel for the applicant- State and learned advocate Mr.Darshit Brahmbhatt for the respondent-accused. Perused the material placed on record as well as order dtd. 18/6/2020 passed by coordinate Bench of this Court in Criminal Misc. Application No.5350 of 2020 and another order dtd. 15/2/2021 passed in Criminal Misc. Application No.14641 of 2020, pertaining to co-accused of present respondent.