LAWS(GJH)-2023-7-691

BINABEN Vs. STATE OF GUJARAT

Decided On July 01, 2023
Binaben Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This application is preferred under Sec. 439(2) of the Code of Criminal Procedure by the complainant for cancellation of bail granted to the original accused by the learned Sessions Judge vide order dtd. 21/11/2015 passed in Criminal Misc. Application No. 907 of 2015 for the offence punishable under Sec. 306 of the Indian Penal Code in connection with the offence registered being I.C.R. No.150 of 2015 before Langhnaj Police Station, Mehsana.

(2.) The brief facts of the case are that the applicant's late husband Ashokbhai Amratlal Panchal was engaged in trade of labour contractor along with his brother Deepakbhai. They both were also got Government work. In connection of the said work, there was a demand of money as Government contract entailed delayed payment in respect of the work. Under the circumstances, the Applicant's husband was compelled to borrow money from the market with high rate of interest and therefore, he remained under constant pressure. The Applicant's husband was also telephonically contacted with lenders, who were pressing for their money and interest, of which the Applicant was aware.

(3.) Heard Mr. Tejas M. Barot, learned Counsel for the applicant, Ms. Maithili Mehta, learned APP for the respondent No.1 State of Gujarat and Ms. Dhara M. Shah, learned Counsel for the respondent No.2 original accused.