STATE OF GUJARAT Vs. FARUQKHAN MANSURKHAN PATHAN

JUDGEMENT

(1.) By preferring present appeal, the appellant-State has requested to quash and set aside the order dtd. 26/3/2021 passed in Criminal Misc. Application No. 235 of 2021 by the learned 2nd Additional Sessions Judge, Chhota Udepur and cancel the regular bail granted to the respondents no.1 and 2.

(2.) Heard learned APP for the appellant-State and learned advocate for the respondents No.1 and 2.

(3.) It was submitted by learned APP for the appellant-State that in connection with the offence registered with Chhota Udepur Police Station on 15/3/2021 being CR No. 1184002210186 of 2021 for the offence punishable under Ss. 143, 147, 149, 452, 427, 376(2)N, 307, 504, 506(2) of the Indian Penal Code , Sec. 135 of the Gujarat Police Act and Sec. 3(1)(R)(s) (w-2), 3(2)(5) of the Atrocity Ac, the respondents no.1 and 2 were arrested and therefore, they filed Regular Bail Application being Criminal Misc. Application No.235 of 2021 before the trial court wherein the investigating officer has filed his affidavit on 26/3/2021 and the learned District and Sessions Court passed an order on 26/3/2021 releasing the respondents No.1 and 2 on regular bail and thereafter, the charge sheet is filed on 3/5/2021. It was further submitted by learned APP for the appellant that learned trial court ought to have considered that as per the FIR, the accused forcefully trying to convert the complainant from Hindu to Muslim by accepting the Islam. That, the judgment and order of releasing the respondents no.1 and 2 is bad in law and therefore, he has requested to quash and set aside the order of releasing the respondent no.1 and 2 on bail and direct the investigating officer to send them into the judicial custody.