DHIMANT HASMUKHBHAI HOJIWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is preferred under Sec. 439(2) of the Code of Criminal Procedure, 1973 by the applicant - original complainant for cancellation of bail granted to the respondent herein - original accused by the learned 2nd Additional Sessions Judge, Surat vide order dtd. 1/3/2012 passed in Criminal Misc. Application No.270 of 2012 for the offence punishable under Ss. 420, 465, 467, 468, 471, 120(B) and 114 etc. of the Indian Penal Code in connection with the FIR being C.R. No. 1 of 2012 registered before the D.C.B. Police Station.

(2.) Heard Mr.Amit V. Thakkar, learned advocate with Mr. Nirad D. Buch, learned advocate for the applicant- original complainant and Mr.Tirthraj Pandya, learned Additional Public Prosecutor for the respondent - State of Gujarat

(3.) Mr.Amit V. Thakkar, learned advocate applicant has submitted that after granting regular bail, the respondent accused has committed breach of conditions imposed by this Court and Trial Court and even he did not remain present before the concerned Police Station as well as before the Trial Court. He has submitted that the Trial Court has issued non-bailable warrant against the accused and because of non-availability, the trial could not commence. He has urged before the Court that the application may be allowed and the bail granted to the respondent accused may be cancelled.