BAXUKHAN ABDULKHAN PATHAN Vs. SAMARTBHAI RASULBHAI

JUDGEMENT

(1.) . This is the application under Section 439(2) of the Code of Criminal Procedure for cancellation of the bail granted by this Court (Coram: S. D. Dave, J.) in Criminal Misc. Application No. 4360/96 on 25-9- 1996.

(2.) The petitioner is the original complainant who has lodged the complaint against the respondents No. 1 to 4 herein, among others, for the offence punishable under Sections 143, 147, 337, 324 and 114 of the Indian Penal Code and under Section 135 of the Bombay Police Act, as per the C.R. No. 141/96 of Sanand Police Station. The respondents Nos. 1 to 4 and others were arrested for the aforesaid offences and were produced before the Court of the learned Judicial Magistrate, First Class at Sanand. The learned Judicial Magistrate First Class, Sanand released the accused persons on bail.

(3.) It appears that the petitioner herein had filed Criminal Misc. Application No. 48/96 for cancellation of the bail in the Court of the learned Joint District & Sessions Judge, Mirzapur at Ahmedabad, under Section 439(2) of the Code of Criminal Procedure. The learned Additional Sessions Judge, Ahmedabad (Rural), by his judgment and order dated March 14, 1996, granted the said application and cancelled the bail which was granted in favour of respondents Nos. 1 to 4 and others.