LAWS(GJH)-2022-7-562

STATE OF GUJARAT Vs. MEHUL BHOPALBHAI KANAMIYA

Decided On July 22, 2022
STATE OF GUJARAT Appellant
V/S
Mehul Bhopalbhai Kanamiya Respondents

JUDGEMENT

(1.) This application is filed under Sec. 439(2) of the Code of Criminal Procedure, 1973 for quashing and setting aside the order dtd. 24/10/2016 passed by the learned 5 th Additional Sessions Judge, Surat in Criminal Misc. Application No.2802 of 2016. The applicant - State has prayed that bail granted by the concerned Sessions Court vide impugned order in favour of the respondent - accused be cancelled.

(2.) Heard learned APP Mr. H. K. Patel for the applicant - State and learned advocate Mr. Harshang H. Patel for the respondent - accused.

(3.) Learned APP submitted that FIR being C.R.No.I-109 of 2016 has been filed against one Gautam @ Golden and three others for the offence punishable under Ss. 302 , 307 , 323 , 504 and 114 of the Indian Penal Code read with Sec. 135 of the Gujarat Police Act. It is submitted that in connection with the said FIR respondent accused was arrested and thereafter he filed an application under Sec. 439 of the Code before the concerned Sessions Court. The concerned Sessions Court, vide impugned order dtd. 24/10/2016 allowed the said application and thereby enlarged the respondent accused on regular bail on certain terms and condition. The applicant - State has, therefore, preferred the present application for cancellation of the bail.