NIHALCHAND SUNDERJIBHAI THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE applicant, by present Criminal Misc. Application for cancellation of bail filed u/s. 439(2) of the Code of Criminal Procedure, 1973, challenges order dated 11.6.2013 passed in Criminal Misc. Application No. 346 of 2013 passed by the learned 3rd Addl. Sessions Judge, Gandhidham - Kutch, whereby the respondent Nos. 2 and 3 were granted bail in connection with the offences registered before the Adipur Police Station being I - C.R. No. 118 of 2013 for the offences punishable u/s. 306 and 114 of the Indian Penal Code.

(2.) HEARD the submissions of learned advocate Mr. Popat for the petitioner, learned APP Ms. Jhaveri and learned advocate Mr. Trivedi for the respondent Nos. 2 and 3.

(3.) LEARNED advocate Mr. Popat appearing for the petitioner complainant made a grievance that learned Addl. Sessions Judge has passed unreasoned order and has further committed error in converting the proceedings from the proceeding of section 438 of the Code to the proceeding filed under section 439 of the Code and exercised its power to release the respondent accused Nos. 2 and 3 on regular bail.