JETUBHAI NARANBHAI VAGHOSI Vs. DHOHABHAI KANABHAI CHAVDA

JUDGEMENT

(1.) BY way of the present application under Section 439(2) of the Criminal Procedure Code, 1973, the petitioner original first informant - Jetubhai Naranbhai Vaghosi, has challenged the judgment and order dated 12.9.2012, passed by the learned 2nd Additional Sessions Judge, Bhavnagar, in Criminal Misc. Application No. 491 of 2012, by which the learned Sessions Judge has exercised powers under Section 439 of the Code and has released the respondents herein on bail with regards to the offence registered at CR No. I-14 of 2012 before Palitana Rural Police Station, for the offences punishable under Sections 302, 120-B, 34, 243, 147, 148 and 149 of the Indian Penal Code as well as under Section 135 of the Bombay Police Act.

(2.) LEARNED Advocate Mr. K.B. Anandjiwala appears on behalf of the petitioner, learned Advocate Mr. A.D. Shah for the respondents No. 1 to 3 and learned APP Mrs. H.B. Punani for the respondent No.4 - State of Gujarat and the matter is heard finally.

(3.) BRIEF facts emerges from the case papers are as under: