KANUBHAI RAMJIBHAI RABARI Vs. KALABHAI JAISINGBHAI

JUDGEMENT

(1.) The original complainant Kanubhai Ramjibhai Rabari whose brother Babubhai Ramjibhai has been killed in the incident which took place on 26/06/1985 Has liked this application for cancellation of bail granted by the learned Sessions Judge Mehsana. in Criminal Misc. Application No. 394 of 1985 as per his order dated 6/07/1985 The prayer for cancellation of Jail or Kalabhai-accused No. 1 is not pressed at the initial state since he has been ordered to be release on bail by this Court for a temporary period so as to enable him to appeal at the examination only. This term of bail is to expire very soon.

(2.) It is alleged that tone of the prosecution witnesses namely Dharamsingbhai Govindbhai was threatened by the accused. He was told that he should make an affidavit in their favour or he would also meet the same fate as that of Babubhai Ramjibhai. In this respect the witness Darmsingbhai has filed a complaint on 10/08/1985 with the Kadi Police Station. The application for cancellation of bail has been filed on 14/08/1985 It is stated at the bar that the Government took decision to submit an application for consultation of hail on 1/08/1985 Now the Government has also filed revision application being Criminal Revision Application No. 379 of 1985 and the same has been argued on with this application.

(3.) Counsel for the original accused has submitted that in view of the decision of the Supreme Court in the case of Delhi Admn. v. Sanjay Gandhi reprote in AIR 1978 SC 961 and in the case of Bhagirathsinh Jadeja v. State reported in 25(1) GLR 332 the High Court should not interfere with the discretion exercised by the learned Sessions Judge and should not order to cancel the bail granted by the learned sessions Judge.