STATE OF GUJARAT Vs. PRITESH @ MUNNO VASUDEV BRAHMBHATT

JUDGEMENT

(1.) 0 By way of this application, the applicant -State has prayed to quash and set aside the judgment and order dated 25.08.2006 passed by the learned Additional Sessions Judge & Presiding Officer, Fast Track Court No. 7, Vadodara in Criminal Misc. Application No. 1106 of 2006 whereby, the respondent herein was ordered to be enlarged on bail.

(2.) THE brief facts of the case are that on 03.05.2006 a complaint being I -C.R. No. 152 of 2006 came to be registered against the respondent with Panigate Police Station, Vadodara for the offence punishable u/s. 143, 147, 148, 149, 302, 327 and 34 of Indian Penal Code and Section 135 of the Bombay Police Act by one Mehmood Haji Abdulgani Vohra. Pursuant to investigation, the respondent came to be arrested. Thereafter, vide impugned judgment and order dated 25.08.2006, the respondent was ordered to be enlarged on regular bail. Being aggrieved by the said order, the applicant State has approached this Court by way of this application.

(3.) HEARD learned Counsel for the parties. The main ground on which the applicant State has sought cancellation of bail granted to the accused is that the Court below has committed an error in not considering the fact that the accused was present at the place where the alleged incident took place. It was further argued on behalf of the applicant -State that the Court below have also not taken into consideration statement of eye -witnesses.