STATE OF GUJARAT Vs. AASIFKHAN ABDULMAJIDKHAN PATHAN

JUDGEMENT

(1.) The application is made by the State for cancellation of the anticipatory bail granted to the respondent who is an advocate on record, of the plaintiff, in Regular Civil Suit no.386/22, who is too co-accused in the FIR. The learned 8th Additional Sessions Judge, Ahmedabad (Rural), Mirzapur on 20/7/2022 had granted anticipatory bail to the respondent's advocate in Criminal Misc. Application no.2155/22.

(2.) The State has challenged the anticipatory bail order in a case where complaint has been filed by Iqbal Mustufa Shaikh at Vejalpur Police Station on 29/6/2022 vide FIR bearing Part-A CR no. 11191028220929/2022 alleging that the accused persons have entered in the complainant's godown and the glass of the windows, CCTV camera and printer were broken and they tried to snatch away the possession of the disputed land. The ground raised by State is that the anticipatory bail order is illegal, improper, against the provisions of law and against the criminal jurisprudence stating that the learned Trial Court ought to have considered that the accused is an advocate himself and has tried to commit serious offence which creates a bad impression of law and justice in the society.

(3.) Ms. Jirga Jhaveri, learned APP submitted that the accused have been captured in CCTV camera. The accused was involved in a preplan of the act alleged and being advocate, he is duty bound to maintain law and order.