STATE OF GUJARAT Vs. NARENDRA GAURISHANKAR TIWARI

JUDGEMENT

(1.) THE applicant -State, vide this application filed under Section 439(2) of the Code of Criminal Procedure, 1973 (for short, the 'Code') challenges the order dated 01.06.2013 passed by the learned Additional Sessions Judge, City Sessions Court, Court No. 16, Ahmedabad in Criminal Misc. Application No. 2135 of 2013 whereby, the learned Additional Sessions Judge, by exercising powers conferred under Section 438 of the Code, enlarged the opponent on anticipatory bail on certain terms and conditions. Brief facts leading to filing of this application are stated thus.

(2.) HAVING come to know about lodging of the complaint by one Mr. Daksheshbhai Bhagwanbhai Patel, the opponent filed the aforesaid Criminal Misc. Application praying to enlarge him on anticipatory bail before the learned Additional Sessions Judge, Ahmedabad. The learned Additional Sessions Judge, after considering the application as well as papers placed on record before him, exercised his powers under Section 438 of the Code and accepted the application of the opponent and released him on anticipatory bail by impugned order. Hence, the present petition.

(3.) WHILE accepting the application, the learned trial Judge has considered the fact that the other accused, who was stamp vendor and retired Executive Magistrate are released on bail and, therefore, the opponent -accused was extended benefit of parity. Similarly, the learned Sessions Judge has also considered the fact that the offence in question was triable by the Metropolitan Magistrate Court.