GAFFARBHAI NOORMOHAMMED PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under section 439(2) of the Code of Criminal Procedure, 1973 seeking cancellation of bail granted by the learned Fourth Additional Sessions Judge, Junagadh, by an order dated 3.10.2015 passed in Criminal Misc. Application No. 616 of 2015. By the said order, the learned Sessions Judge has granted bail to two accused for the offences registered vide C.R. No. I - 65 of 2015 with Junagadh City "B" Division Police Station.

(2.) Brief facts of the case are as under:

(3.) Learned advocate Mr. Shakeel A. Qureshi for the applicant submits that the order of granting bail is required to be set aside on merits as while allowing the application, the learned Sessions Judge has taken into consideration the role attributed to the accused persons in the commission of the offence. He also submits that the brother of the deceased had filed detailed affidavit before the Sessions Court, opposing the grant of bail. However, the learned Sessions Judge has even referred to such affidavit and therefore, the order of the learned Sessions Judge is vulnerable.