MEGHABHAI VARJANGBHAI RUDACH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present application under Section 439(2) of the Code of Criminal Procedure, the petitioner herein - original complainant has challenged the judgment and order dated 07/11/2012 passed by learned Fifth Additional Sessions Judge, Khambhaliya, District: Jamnagar, in Criminal Misc.Application No.456 of 2012, by which, the respondent No.2 herein- original accused has been released on regular bail in his fourth successive regular bail application i.e third successive regular bail application, after filing of the charge-sheet.

(2.) BRIEF facts, arise from the record of the case, are as under:

(3.) ON the other hand, Mr.S.V.Raju, learned Senior Counsel, assisted by Mr.Jayprakash Umot, learned advocate has opposed the present application. He has submitted that the principle laid down by the Apex Court with regard to granting bail and cancelling bail, are different. He has further submitted that once the bail is granted unless any breach is committed or any allegation with regard to tampering with the evidence or threatening the witnesses are there, bail may not be cancelled. It is submitted that main offence registered against the respondent-accused is punishable under section 307 of the Indian Penal Code. He has further submitted that since the injured were discharged from the Hospital, learned Sessions Judge has rightly considered the case of the accused for bail. He has further submitted that when the respondent-accused was released on temporary bail, he has not committed any offence and no complaint has been lodged before the police by the petitioner-original complainant that he was threatened by the accused when the accused was released on bail and, therefore, learned Sessions Court has rightly exercised his power u/s.439 of the Code of Criminal Procedure. It is rightly submitted that when the first regular bail application was submitted in the month of July,2012, only two months had passed. Now he remained in incarceration for 5 months and, therefore, learned Sessions Judge was not wrong in releasing the accused on regular bail. He further submitted that this relevant factor for considering the application for cancellation of bail, would go in favour of the accused.