BISMILLABEN KAMRUDDIN DAUDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 439(2) of the Code of Criminal Procedure, the applicant - original complainant seeks to cancel the bail granted to respondent No.2 pending revision application by this Court vide order dtd. 3/7/2015 in Criminal Revision Application No.310/2015.

(2.) The brief facts leading to filing present application is that, respondent No.2 viz. Ghanchi Sikandarbhai has challenged judgment and order of conviction passed by learned JMFC, Radhanpur, Dist. Patan, in Criminal Case No.358/2008, wherein, the Court has convicted him under Sec. 354 of Indian Penal Code and directed him to suffer rigorous imprisonment of 2 years and imposed fine of Rs.5,000.00, failing which, to undergo further 2 months simple imprisonment. Respondent No.2 by filing an appeal challenged the order of conviction before the Sessions Court and after hearing the parties, the Sessions Court confirmed the judgment of JMFC Court. Respondent No.2 by way of filing Criminal Revision Application No.310/2015 before this Court, has challenged the impugned orders of Court below, wherein, on 3/7/2015, a coordinate Bench of this Court admitted the revision and pending hearing and final disposal of the revision, suspended conviction and enlarged him on regular bail, with certain conditions such as Respondent No.2 shall mark his presence once in a month before the concerned police station and shall not leave the territory of India, and also directed him to deposit his passport and shall not enter in Meer Darwaja, Jjillawada Area of District Patan. It is alleged that, after releasing on bail, respondent No.2 on 13/7/2018 committed similar kind of offence, for which FIR being I- C.R.No.18/2018 came to be registered with Radhanpur Police Station, Dist. Patan. It is further alleged that on 21/12/2019, respondent No.2 trespassed into the house of the applicant, made physical contact and attempted to commit an offence of rape, for which the FIR being I-C.R.No.170/2019 came to be registered at Radhanpur Police Station.

(3.) Heard Mr.Maulik Soni for Mr. N.K.Majmudar, learned counsel for the applicant, Mr. Nishit Gandhi, learned counsel for respondent No.2 and Ms. Krina Calla, learned APP for the respondent State.