LADHANI (MUSLIM) AHMEDBHAI ISMAILBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE .Mrs.Hansa Punani, learned APP waives service of notice of Rule on behalf of respondent No.1-State.

(2.) HEARD Mr.Ashish M.Dagli, learned advocate for the petitioner, Mr.Kamal Sojitray, learned advocate for Mr.Vaibhav V.Vyas, learned advocate for respondent-accused No.2 and Mrs.Hansa Punani, learned APP for respondent No.1-State.

(3.) THE main grievance raised by the complainant is with regard to suppression of material facts before the learned Sessions Judge while preferring the above referred application preferred by him under Section 439 of the Code. It is alleged in the present petition that when the respondent-accused preferred Criminal Misc. Application No.4115/2012 in the Court of learned Sessions Judge, Ahmedabad, he did not mention anything about the order dated 05.03.2012 passed by this Court in Criminal Misc. Application No.791/2012, by which, the application filed by the respondent-accused for releasing him on bail was dismissed. It is alleged that by suppressing this material fact and by pressing the factum of release of co-accused by this Court on regular bail, the accused was successful in getting bail from the Trial Court. He further submitted that the learned Judge was not aware about his dismissal of the application as withdrawn filed before this Court after filing of the charge- sheet and hence, on the principles of parity, the learned Judge has released the respondent on bail, relying only upon the grant of bail to co- accused.