RANJITBHAI BHAGVANBHAI T-KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application filed by the original complainant seeking cancellation of bail granted to respondents nos. 2 and 3 herein who are the original accused nos. 1 and 2 in a criminal complaint bearing C.R. No.I -63/2006 filed before Panshina police station alleging offences punishable under Sections 307, 324, 323, 504, 147, 148, 149 of Indian Penal Code read with section 25(1) of Arms Act and section 135 of the Bombay Police Act.

(2.) THE accused were released on regular bail by the learned Sessions Judge by an order dated 27th November, 2006. The applicant who was original complainant has therefore, filed this application seeking cancellation of bail granted by learned Judge.

(3.) HAVING heard learned advocate Shri Sunil C. Patel for the applicant, having perused the material on record and having heard learned APP Shri Kogje for the State and Shri Manav Mehta for original accused, I do not find that this is a fit case where cancellation of bail is called for. Learned Judge has given cogent reasons for releasing the accused on bail. There has to be substantial and pressing reasons for cancelling the bail granted by learned Judge in exercise of his discretionary powers. It is by now well settled that consideration for cancellation of bail would substantially be different from those governing a situation where the accused is pressing for bail. In the petition, no allegations have been made of the accused having misused the liberty after being enlarged on bail. They have been released on bail in November, 2006.