GORDHANBHAI BACHUBHAI BHURIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is preferred under Sec. 439(2) r/w 401 of the Code of Criminal Procedure, 1973 by the applicant - original complainant for cancellation of bail granted to the original accused by the learned Principal Sessions Judge, Dahod vide orders dtd. 11/10/2011 and 14/10/2011 passed in Criminal Misc. Application Nos.548 of 2011 and 559 of 2011 for the offence punishable under Ss. 326, 114 etc. of the Indian Penal Code in connection with the offence registered being C.R. No.I - 129 of 2011 before Garbada Police Station, Dahod.

(2.) Heard Mr.Hemant Makwana, the learned counsel appearing for the applicant - original complainant, Ms.Maithili Mehta, learned APP for the respondent No.1 - State of Gujarat and Mr.M.B. Shekhawat, learned Counsel for the respondent Nos.2 and 4 - accused.

(3.) Mr.Hemant Makwana, the learned advocate for the applicant submitted that the impugned orders are ex facie illegal and arbitrary and that the same are passed without appreciating the facts and circumstances of the case. He therefore, urges before the Court that the application may be allowed and the bail granted to the accused may be cancelled.