VASANBEN VIKRAMBHAI SUKHABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Sec. 439(2) of the Code of Criminal Procedure, 1973, the petitioners have prayed to quash and set aside the order dtd. 11/9/2015 passed by the learned 10th Ad hoc Additional Sessions Judge, Bardoli in Criminal Misc. Application No.24 of 2015, whereby the learned Session Judge has granted regular bail to the respondent - original accused.

(2.) Heard learned advocate for the petitioners, learned advocate Mr. Bharda for learned advocate Mr. Daiya for the first informant and learned APP.

(3.) Learned advocate for the petitioners after referring to the order of the learned Session Judge would submit that the respondent accused did not abide by the undertaking given by the earned advocate for the petitioners. He pressed into service page 32 to say in his argument that it is noted by the learned trial Court that the respondent herein is ready and willing to execute the sale deed as and when the land in question is converted into NA. However, up til now, no sale deed is executed, thereby condition of bail is breached. He has taken this Court through various orders to submit that the at no point of time, the respondent accused was available and therefore, the matter was pending since 2016. He would further submit that that the learned trial Court has not noted any antecedents of the respondent accused, though as many as 8 antecedents are registered against the respondent accused including the present one. He would further submit that even in the trial, the respondent accused was not available and therefore, the trial could not commence. Thus, he submits to allow this petition and to cancel the bail granted to the respondent accused.