LAWS(GJH)-2023-6-1150

KOMALBEN Vs. STATE OF GUJARAT

Decided On June 30, 2023
Komalben Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This application is preferred under Sec. 439(2) of the Code of Criminal Procedure by the applicant for cancellation of bail granted to the original accused by the learned Sessions Judge, Morbi vide order dtd. 27/9/2018 passed in Criminal Misc. Application No. 1037 of 2018 in connection with the offence registered being C.R. No.I - 102 of 2018 before Morbi City "A" Division Police Station, District: Morbi. The learned Sessions Judge has while granting bail imposed condition upon the accused that he may not enter the Rajkot and Morbi Districts for sometime.

(2.) Heard learned advocates appearing for the respective parties.

(3.) Learned advocate for the applicant submits that the learned Sessions Judge has, while releasing the accused on bail, imposed condition to the effect that he may not enter the Rajkot and Morbi Districts for sometime, however, he has committed the breach of condition and, therefore, another FIR registered for the breach of the condition against the accused. It is submitted that thereafter, the Investigating Officer has carried out the investigation and arrested the accused. He has also submitted that thereafter also, the accused has continuously harassed the the applicant and, therefore, the bail be cancelled.