STATE OF GUJARAT Vs. HIMATSINH JOKHNABHAI BARIA

JUDGEMENT

(1.) This application is preferred under Sec. 439(2) of the Code of Criminal Procedure, 1973 by the applicant - State of Gujarat for cancellation of bail granted to the respondent - original accused by the learned 2nd Additional Sessions Judge, Surat vide order dtd. 29/4/2019 passed in Criminal Misc. Application No.2008 of 2019 for the offence punishable under Sec. 7(A) of the Prevention of Corruption Act in connection with the offence registered being C.R. No.I - 07 of 2019 before A.C.B. Police Station, Surat.

(2.) Heard Ms. Maithili D. Mehta, learned APP for the applicant State of Gujarat and Mr. N.R. Kodekar, learned Counsel for the respondent - accused.

(3.) Ms. Mehta learned APP 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. Upon instructions from the concerned IO, she further submitted that the charge is already framed against the respondent accused and now the trial is likely to commence. She therefore, urges before the Court that the application may be allowed and the bail granted to the accused may be cancelled.