MOHSINMIYA NABIMIYA MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is preferred under Sec. 439(2) of the Code of Criminal Procedure, 1973 by the applicant - original complainant for cancellation of bail granted to the respondents - original accused by the learned 3rd Additional Sessions Judge, Anand vide order dtd. 17/1/2020 passed in Criminal Misc. Application Bail No.53 of 2020 for the offence punishable under Ss. 307, 325, 114 etc of the Indian Penal Code and under Sec. 135 of the Gujarat Police Act in connection with the offence registered being I-C.R. No.64 of 2019 before Tarapur Police Station.

(2.) Heard Mr.Jay Thakkar, learned advocate appearing for the applicant - original complainant, Ms. Maithili Mehta, learned Additional Public Prosecutor appearing for the respondent - State of Gujarat and Mr.Sadik Ansari, learned advocate appearing for the respondents - accused.

(3.) Mr.Thakkar, learned advocate for the applicant, submitted that the impugned order is ex facie illegal and arbitrary and that the same is passed without appreciating the facts and circumstances of the case. He submitted that after releasing the respondents - accused on bail, another complaint came to be registered against the respondents - accused being C.R. No. 11215029230171 of 2023 before Tarapur Police Station, Anand. He also submitted that even after granting bail, the respondents accused have committed breach of conditions imposed by the trial court and also not co-operated with the investigation. He submitted that the present application may be allowed and the bail granted to the respondents accused may be cancelled. He submitted the details with regard to the criminal antecedents and other relevant materials and also produced a copy of the FIR filed by the independent person against the present accused on 20/5/2023, which is taken on record.