MAYURBHAI JAYANTIBHAI SAPARIYA 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 No.2 herein - original accused by the learned Principal District Judge, Navsari vide order dated 8. 7.2019 passed in Criminal Misc. Application (Reg) Bail No.529 of 2019 for the offence punishable under Ss. 406, 420, 465, 468, 471, 34, 120(B) of the Indian Penal Code in connection with the offence registered being I-C.R. No.40 of 2019 before Chikhli Police Station, Navsari.

(2.) Heard Mr.Hardik A. Dave, the learned counsel appearing for the applicant ' original complainant and Mr. Tirthraj Pandya, the learned APP appearing for the respondent No.1 - State of Gujarat.

(3.) Mr.Dave, the learned advocate for the applicant, submitted that the impugned order is ex facie illegal and arbitrary and that the same is passed without appreciating the facts and circumstances of the case. Learned advocate for the applicant submitted that during the hearing of the regular bail application, second complaint came to be registered against the respondent accused being C.R. No.I-09 of 2019 before D.C.B. Police Station, Rajkot City. He also submitted that even after granting bail, the respondent accused has committed breach of conditions imposed by the trial court and also not co-operated with the investigation and even did not remain present before the trial court during the trial. He also submitted that the respondent accused is a head strong person of the society and he therefore, urges before the Court that the application may be allowed and the bail granted to the respondent accused may be cancelled.