STATE OF GUJARAT Vs. RASHID UMARJI VALIBHAI PATEL

JUDGEMENT

(1.) The applicant State has filed the present application under Sec. 439(2) and 482 of the Code of Criminal Procedure, 1973 for cancellation of regular bail granted to the respondent - accused, who is shown as accused no. 3 in the FIR, by the 4th Additional Sessions Judge, Bharuch vide order passed in Criminal Misc. Application No. 387 of 2021 on 31/5/2021. It is pertinent to observe that, the FIR came to be registered by Nabipur Police Station, Bharuch vide C.R. No. 11199038200048 of 2020 under Ss. 302, 394, 201, 120B and 114 of the Indian Penal Code, 1860 against 6 accused persons.

(2.) Heard learned APP Ms. Jirga Jhaveri for the applicant State, who has submitted that, only because the body of the deceased was not found and further investigation was in progress, the learned Sessions Court had granted bail to the respondent. The said order was ex-facie, illegal, perverse and erroneous.

(3.) Heard learned advocate Mr. Devansh Kakkad on behalf of Mr. Adilhushain M. Saiyed for the respondent - accused. Mr. Kakkad has submitted that, the order passed by the learned 4th Additional Sessions Judge is exhaustive, wherein, the learned Judge had discussed all the aspects of the investigation, which was carried out, and thereafter, relying upon the factual aspects coupled with the legal proposition, had enlarged the respondent accused on bail, subject to conditions. According to Mr. Kakkad, the order passed by the learned Additional Sessions Judge being just, valid, legal and proper, does not require any interference from this court, and accordingly, this application should be rejected.