STATE OF GUJARAT Vs. BHAGARAM

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 herein - original accused by this Court (Coram: Hon'ble Mr.Justice Vipul M. Pancholi) vide order dtd. 11/3/2019 passed in Criminal Misc. Application No.2303 of 2019 for the offence punishable under Ss. 65(A)(E), 98(2), 116(B) and 81 of the Prohibition Act.

(2.) Heard Ms.M. D. Mehta, learned Additional Public Prosecutor for the applicant - State of Gujarat and Mr.D. K. Chaudhari, learned advocate for the respondent - original accused.

(3.) Ms.Mehta, learned advocate for the applicant has submitted that after granting bail, the respondent accused has committed breach of conditions imposed by the Court and also not co-operated with the investigation and even did not remain present before the concerned Police Station as well as before the Trial Court. She has submitted the report to the effect that the accused did not remain present before the Trial Court on any of the occasions and, therefore, the Trial Court has issued non- bailable warrant against the accused and because of non- availability, the trial could not commence. She has urged before the Court that the application may be allowed and the bail granted to the respondent accused may be cancelled.