SANJUBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State and learned Advocate Mr. Kishan Brahmbhatt waives service of notice of Rule on behalf of the respondent No.2.

(2.) By way of this application, a prayer is made by the applicant, the mother of the victim to cancel the bail granted to the respondent No.2 by this Court on 25/11/2022 in Criminal Miscellaneous Application No.21675 of 2022 and also to pass an order directing the respondent No.2 to surrender himself and/or pass an order to issue a warrant against the respondent No.2 with a direction to the respondent No.1 to arrest him and produce before the trial Court and to be sent to judicial custody.

(3.) Learned Advocate for the applicant Mr. P.H. Buch submitted that bail was granted by this Court to the respondent No.2 on 25/11/2022 in Criminal Miscellaneous Application No.21675 of 2022 under Ss. 363, 366, 376(2)(N) and 376(2)(F) of the Indian Penal Code read with Ss. 3(a), 4, 6, 7, 8 , 5(l), 5(n) and 5(j) 2 of the Prevention of Children from Sexual Offences Act, 2012 (hereinafter referred to in short as the 'POCSO Act'). One of the conditions was that the applicant shall not take undue advantage or misuse the liberty and shall not act in a manner injurious to the interest of the prosecution. Further in breach of any of the conditions, in Paragraph 8 of the order dtd. 25/11/2022 it was observed that the learned Sessions Judge would be free to issue warrant or take appropriate action in the matter.