THAKORE SHANKARJI HEMATAJI SARDARJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application has been filed by the original complainant seeking cancellation of bail order dated 22nd November, 2006 passed by the Additional Sessions Judge and Presiding Officer, 5th Fast Track Court, Mehsana, in Criminal Misc. Application No.859/2006 filed by respondents nos. 2 to 6 herein.

(2.) IN the order learned Judge observed that the accused was charged for having committed offence punishable under section 326 of Indian Penal Code. The accused are involved in agricultural activities. They are permanent residents of Mehsana District and owned immovable property in Kasa village. Learned Judge was therefore, of the opinion that they are unlikely to abscond if released on bail. Learned Judge has also considered the nature of injuries caused on the complainant and the part of the body where such injuries was found. Learned Judge also recorded that Mudammal has already been recovered. He was therefore, of the opinion that accused persons should be released on bail however, on stringent conditions. Accordingly, respondents nos. 2 to 6 herein were released on bail on certain conditions.

(3.) THE complainant has filed this application and prayed for cancellation of the bail only on the ground that accused had misled the learned Sessions Judge on the material aspect of the matter. It is stated that the affidavit was filed before the learned Sessions Judge by the accused to the effect that the complainant has already been discharged from the hospital whereas in fact, the complainant was in hospital right till 23rd November, 2006. Primarily, on this ground bail granted by learned Additional Sessions Judge are sought to be cancelled.