SUBHASH DOLATRAM BHUJWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has invoked the provisions of Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, SThe Code ) to challenge the order dated 02.08.2004 of learned Additional Sessions Judge, Vadodara in Criminal Revision Application No.204 of 2004, whereby order dated 13.02.2004 of learned Chief Judicial Magistrate, Vadodara releasing the petitioner on bail was set aside and the petitioner was ordered to surrender before the Court on 13.08.2004. Upon the present petition being admitted on 13.08.2004, interim relief staying operation of the impugned order was granted and it has continued to operate till now. Thus, the petitioner has remained on bail since original order dated 13.02.2004 of learned Chief Judicial Magistrate, Vadodara and none of the conditions are stated to have been violated.

(2.) The aforesaid first order dated 13.02.2004 granting bail to the petitioner was reversed by the impugned judgment and order dated 02.08.2004 mainly on the grounds that chargesheet at the end of investigation was already filed with the allegations of serious offences punishable with imprisonment for life and Sections 7 and 13 of the Prevention of Corruption Act having been added to the charges. Even as the bail applications of the other co-accused persons were rejected by the Sessions Court, learned Chief Judicial Magistrate, Vadodara had granted bail to the petitioner without having jurisdiction under Section 437 of the Code, according to the impugned judgment.

(3.) Arguing the petition, learned counsel Mr.Anandjiwala submitted that the original order granting bail to the petitioner recorded cogent and sufficient reasons for granting bail and a revision petition to challenge that order was not maintainable. He also submitted that each and every other co-accused person, implicated in the same offence, was, by now, released by one or the other order of this Court and hence, even on the ground of parity, the petitioner was entitled to remain on bail. Learned counsel relied upon the judgment of the Hon'ble Supreme Court in Usmanbhai Dawoodbhai Memon and others, etc. V/s. State of Gujarat [AIR 1988 SC 922] and the judgment of this Court in Makwana Sambhubhai Chethabhai V/s. State of Gujarat [1992(2) G.L.R. 1291] in support of the submission that order granting bail was interlocutory order and revision application did not lie therefrom.