STATE OF GUJARAT Vs. RAJENDRABHAI RAMNIKLAL PATEL

JUDGEMENT

(1.) Heard Mr. L.B. Dabhi, learned Additional Public Prosecutor for the applicant - State and Mr. Hakim, learned advocate for the respondent.

(2.) By this application under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicant - State has prayed for cancellation of bail granted by the learned 6th Additional Sessions Judge in Criminal Misc. Application no.2121 of 2015 dated 6.10.2015.

(3.) Mr. L.B. Dabhi, learned Additional Public Prosecutor contended that it is a grave offence under Sections 406, 409, 467, 468, 471 and 120(B) of the IPC and therefore, the learned Judge ought not to have exercised discretion in favour of the respondent. It is also pointed out by the learned Additional Public Prosecutor that while granting the bail, the gravity of offence and its punishment is required to be considered, which is not done in the present case and therefore, the learned Judge has wrongly exercised discretion. It is further contended that the learned Judge has totally ignored the manner in which the crime was committed and ignoring such a crime and releasing the respondent on bail, will send a wrong signal to the society and therefore, the learned Judge has wrongly exercised the powers conferred under Section 439(2) of the Code in favour of the respondent. It is therefore submitted that this Court may allow this application as prayed for.