STATE OF GUJARAT Vs. ASHOKBHAI NANJIBHAI VAGHANI

JUDGEMENT

(1.) Rule. Mr.C.R.Abichandani, learned Counsel for respondent Nos.1 and 2, waives service of notice of rule.

(2.) The present application for cancellation of bail is preferred by the State against the order dated 29-5-2003 passed by the Court of learned Sessions Judge, Surat in Criminal Misc. Application No.680/2003, whereby both the respondents, who were petitioners in the application before the learned Sessions Judge are released on bail in connection with C.R. No.I-30/2003 for the offences under Sections 302, 504 and 114 of IPC and Section 135 of B.P. Act.

(3.) The short facts of the case appears to be that the complaint came to be filed vide C.R. No.I-30/2003 for the offences under Sections 302, 504 and 114 of IPC and Section 135 of B.P. Act. against both the respondents as well as one Mukesh Vaghani. Respondents No.1 and 2 herein preferred bail application before the learned Sessions Judge and the learned Sessions Judge, after recording all the submissions of both the sides, while considering the matter for bail, did not at all consider the matter as to whether any prima facie case is there against the present accused in a serious offence under Sections 302 of IPC or not. The learned Sessions Judge only recorded the reasons that since the accused are local residents and since the charge-sheet is filed, it is a case for releasing on bail. Under the circumstances, the present petition.