STATE OF GUJARAT Vs. ABHAY RATILAL SHAH

JUDGEMENT

(1.) THIS application has been filed by the applicant seeking cancellation of bail granted to respondent herein by the learned Additional Sessions Judge by an order dated 19th August, 2006.

(2.) THE case arises out of a complaint dated 3rd May, 2006 filed by one Mehmood Haji Abdulgani Vhora. Broadly stated, the complaint alleges that brother of the complainant was attacked by several persons forming a part of the crowd of about 500 to 1000 people excited by communal frenzy. The complainant who himself was an eye witness has stated inter -alia that on 2nd May, 2006 at about 11:30 at night, the crowd of about 500 to 1000 persons led and incited by one Ashish Joshi who was carrying a sword, had attacked the brother of the complainant, causing fatal injuries and also toppled the car in which the deceased was travelling and set the car on fire thereby also causing burn injuries to the deceased.

(3.) BEFORE this Court learned APP Shri Kogje submitted that learned Judge gravely erred in releasing the respondent herein on bail. It ought to have been appreciated that he was absconding for a long time. Without taking into consideration this relevant factor, learned Judge granted bail which should be cancelled. It is submitted that there are serious allegations against the respondent herein of having caused murder and complaint in this regard was lodged by eye witness.