MEGHRAJBHAI KARAMSINHBHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE original complainant by present Criminal Misc. Application for cancellation of bail filed under section 439(2) of the Code of Criminal Procedure, 1973 challenged the order passed by the learned Sessions Judge, Patan passed in Criminal Misc. Application No.352 of 2013 dated 29.6.2013, whereby the learned Addl. Sessions Judge released the respondent Nos.2 and 3 on regular bail in connection with the offences registered before the Patan Taluka Police Station being I ­ C.R. No.74 of 2013 for the offences punishable u/s 307 and 34 of the IPC and under section 135 of the G.P. Act.

(2.) HEARD the submissions of learned advocate Mr. Vaishya for the applicant.

(3.) IN this case, the concerned police arrested the respondent Nos.2 and 3 and upon their application for regular bail under section 439 of the Code, the learned Addl. Sessions Judge, after considering the papers placed on record and after hearing the submissions of both the sides, enlarged the respondent Nos.2 and 3 on regular bail by imposing suitable conditions. Hence, the present petition at the instance of the complainant to cancel the bail granted in favour of the respondent Nos.2 and 3. Learned dvocate for the complainant challenges the impugned order on the ground that the impugned order is against the law and since the offence is very serious, the learned Addl. Sessions Judge ought not to have released the respondent Nos.2 and 3 on bail. Considering the reasons assigned by the learned Addl. Sessions Judge in para Nos.7 to 9 of the order, no case is made out either to term the order being passed contrary to the evidence on record or against any settled principle of law as stated herein above. Except this, no other ground has been urged to cancel the bail granted in favour of the respondent Nos.2 and 3.