STATE OF GUJARAT Vs. ASHOKBHAI JAYTABHAI BORICHA

JUDGEMENT

(1.) By way of this application applicant has prayed for recalling of the order dtd. 21/6/2023 passed in Criminal Miscellaneous Application No. 10820 of 2023 on the ground that, present applicant is the accused of Gujarat Control of Terrorism and Organised Crime (GUJCTOC) Act and in the application for temporary bail he did not disclosed fact that considering the seriousness of the offence, the specific order under Sec. 268 (1) of CRPC is passed by State Government and therefore, in view of restrictions of Sec. 268 (1) of CRPC the Court ought not to have granted the temporary bail to the applicant.

(2.) Learned APP has submitted that original applicant respondent herein deliberately suppress the fact in his application and without mentioning aforesaid facts and without disclosing true facts picture was created before the Court as if there are no restrictions or no order passed under Sec. 268 (1) of CRPC. In view of the aforesaid suppression in the original Criminal Miscellaneous Application No. 10820 of 2023 as the aforesaid facts were concealed and Court has passed order on 21/6/2023 whereby, temporary bail for the period of two weeks were granted to the accused person who is the respondent herein.

(3.) In view of that learned APP has requested to recall the aforesaid order.