TEJENDRASINH S JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439(2) of the Code of Criminal Procedure Code for seeking cancellation of regular bail granted to respondent No.2 by learned 5th Additional Sessions Judge, Jamnagar in Criminal Misc. Application No. 811 of 2016 on 23/9/2016.

(2.) It is case of the applicant, who is not the complainant but a witness, has submitted that pursuant to the first information report lodged before Meghpar Police Station, Jamnagar, as C.R.No.I-78 of 2016 for the offences punishable under Ss. 395 , 397 , 326 , 325 , 324 and 323 of the Indian Penal Code, which was registered on 14/8/2016 and under Sec. 135(1) of the G.P. Act came to be added by the Investigating Officer dtd. 16/8/2016. Subsequently, the investigation was carried out by the I.O. and the respondent No.2 along with other 10 co- accused came to be arrested. In connection with this, charge- sheet came to be filed being numbered as 8/017 on 10/4/2017. It is further submitted by present applicant that respondent No.2 had filed an application for seeking regular bail in connection with aforesaid complaint under Sec. 439 of the Criminal Procedure Code, which was registered as Criminal Misc. Application No.811 of 2016 and the learned 5 th Additional Sessions Judge, Jamnagar, after analyzing the material on record, was pleased to grant regular bail by imposing suitable conditions vide order dtd. 23/9/2016. It is this order is made the subject matter of present Criminal Misc. Application.

(3.) Ms. J. K. Hingorani, learned advocate appearing on behalf of the applicant has submitted that a serious offence is committed by respondent No.2 and in view of the material which has been placed before the Court, the discretion ought not to have been exercised and as such since the order suffers from the vice of non-application of mind and lacks reasons, the same is required to be quashed and set aside. However, learned advocate has fairly submitted that trial is going on at present with regard to the present main case.