BHARAT DEVJI DORU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocates appearing for the parties. Rule. Learned APP waives service of notice of Rule on behalf of respondent State. Rule is fixed forthwith.

(2.) The present revision application has been filed under Sec. 397 read with Sec. 401 of Cr.P.C., praying to quash and set aside the order dtd. 15/9/2022 passed in Criminal Misc. Application No.413 of 2022, whereby the learned Sessions Judge cancelled the bail granted to the applicant and directed the applicant to surrender before the Court in connection with the offence being FIR No.11205031220080 of 2022, registered with Mandvi Police Satation, Mandvi, Kutchchh under Sec. 376(2)(n), 323, 294(b), 506(2) of IPC.

(3.) Mr. Salim M.Saiyed, learned advocate for the applicant submitted that the bail once granted should not be cancelled as a matter of course, and the Court is required to minutely examine the allegations made by the applicant praying for cancellation of bail, and on the basis of such an allegation, could have filed an FIR before the police, where the police could have taken cognizance. Advocate Mr. Saiyed, submitted that the provision is made under Sec. 195A of IPC; instead on 26/3/2022 another F.I.R. has been filed under Sec. 324 and 506(2) of IPC. Advocate Mr. Saiyed submitted that the applicant had surrendered and granted bail; thus, stated that once a bail has been granted for the FIR registered, the learned Court could not on that very ground cancel the bail granted to the applicant in the earlier matter.