STATE OF GUJARAT Vs. HASTIMAL AMARCHAND JAIN VANIYA

JUDGEMENT

(1.) BY way of the present application under Section 439(2) of the Code of Criminal Procedure, 1973, the State of Gujarat has prayed that the bail granted by this Court vide order dated 01.07.2005 and by which, the sentence imposed by the learned Additional Sessions Judge, Fast Track Court, Amreli in Sessions Case No. 109 of 2002 was suspended and respondent was released on bail during the pendency of Criminal Appeal No. 986 of 2005, which was filed by the convict challenging the decision of the Trial Court dated 05.05.2005 be cancelled on the ground that the respondent has committed the breach of conditions imposed by this Court while passing the said order dated 01.07.2005.

(2.) IT appears from the record that the respondent accused came to be convicted for the offences under Sections 286, 336 of the Indian Penal Code and for the charges under Sections 5(1), 9B(1), 9(B)2, 4 and 5 of the Explosive Substance Act and sentenced for 7 years.

(3.) A Police Sub-Inspector of Dhari lodged an FIR on 26.02.2013 with Dhari Police Station and alleged that the respondent accused has committed offence under the provisions of Explosive Substance Act pursuant to which the respondent accused was arrested by the police and was charge-sheeted for the aforesaid offences. The respondent accused filed an application for releasing him on bail for the offences which was registered in 2012 under Section 439 of the Code and requested to release him on bail. Learned Sessions Judge rejected the application of the respondent accused by order dated 14.03.2012. The respondent accused preferred an application before the Hon'ble High Court under Section 439 of the Code and requested to releasing him on bail which was allowed by this Court.