STATE OF GUJARAT Vs. DIVYESH RAJESHBHAI MEHTA

JUDGEMENT

(1.) This application is preferred under Sec. 439(2) of the Code of Criminal Procedure by the State of Gujarat for cancellation of bail granted to the original accused by the learned Sessions Judge, Rajkot vide order dtd. 7/9/2019 passed in Criminal Misc. Application No. 2977 of 2019 for the offence punishable under Ss. 306, 376, 343, 506(2), 114 etc of the Indian Penal Code in connection with the offence registered being C.R. No.I - 116 of 2019 before Gandhigram - 2 (University) Police Station, Rajkot.

(2.) Heard Ms. Maithili Mehta, learned APP for the applicant State of Gujarat and Mr. Dipen Dave, learned Counsel for the respondent - accused.

(3.) Ms. Mehta learned APP 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. She therefore, urges before the Court that the application may be allowed and the bail granted to the accused may be cancelled.