PRAJAPATI ARVINDBHAI RAMESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this application under Section 439(2) of the Code of Criminal Procedure, the applicant original complainant has prayed for cancelling the bail granted to respondent Nos.2 to 11 by this Court vide order dated 01.08.2006 passed in Criminal Misc. Application No.7538 of 2006.

(2.) THE short facts of the case are that the applicant had filed a complaint being I CR No.83 of 2006 before Patan City Police Station for the offences punishable under Sections 323, 326, 504, 147, 148, 149 and 114 of the Indian Penal Code (hereinafter referred to as "the IPC") and Section 135 of the Bombay Police Act against original accused Nos.2 to 10. Pursuant to investigation into the alleged offence, the name of respondent No.11 herein appeared as an accused and therefore, he was also arrested along with all other accused persons. On the same day, the accused persons filed an application for deleting Section 326 of the IPC before learned Chief Judicial Magistrate, Patan. It appears that on the said application, no orders were passed by the learned Chief Judicial Magistrate. The original accused Nos.2 to 11 also preferred an application before the learned Chief Judicial Magistrate, Patan for their release on bail. The said application came to be disposed of by the learned Chief Judicial Magistrate, Patan vide order dated 22.05.2006 and respondent Nos.2 to 11 were ordered to be enlarged on bail.

(3.) BEING aggrieved by the same, the State of Gujarat filed Criminal Revision Application No.30 of 2006 before learned Additional Sessions Judge, Fast Track Court, Patan for cancellation of bail. The said Criminal Revision Application came to be allowed vide order dated 04.07.2006 and the bail granted to the accused persons by the learned Chief Judicial Magistrate, Patan was ordered to be cancelled and the accused persons came to be arrested.