STATE OF GUJARAT Vs. NARSINHBHAI GANDALAL PATEL

JUDGEMENT

(1.) The present application is filed under Sec. 439(2) read with Sec. 482 of the Code of Criminal Procedure for cancellation of regular bail granted to the respondent-accused vide order dtd. 8/6/2017 passed in Criminal Misc. Application No. 704 of 2017 by the Principal Sessions Judge, Gandhinagar.

(2.) The case of the applicant is that an FIR being C.R. No. 5 of 2017 was registered at A.C.B. Police Station, Gandhinagar for the offences punishable under Ss. 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 in which original accused was arrested and on account of such arrest, an application for regular bail under Sec. 439 of Code of Criminal Procedure was moved which after hearing both the sides came to be granted on 8/6/2017. It is this order which is made the subject matter of present application.

(3.) Mr. Chintan Dave, learned APP appearing on behalf of the applicant-State has submitted that the order passed by the Court below is without the support of any cogent reason and despite the fact that there was a prima facie case in the form of Audio and Video recording by ignoring such material and without assigning any cogent reason and as such on this count alone, the order in question deserves to be quashed and set aside. However, learned APP has fairly submitted that pursuant to the imposition of condition in order dtd. 8/6/2017 is not the case of state authority that the respondent has misused the liberty nor has violated any of the condition of grant of bail and as such has left it to the discretion of the Court.