ISHABHAI MUSABHAI KARUD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under sections 439 and 482 of the Code of Criminal Procedure, 1973 by the applicants for quashing the order dated 19.12.2016 passed by the Learned Additional District and Sessions Judge, Junagadh, in Criminal Misc. Application No. 811 of 2016, and to grant regular bail in connection with First Information Report being C.R.No.I-3/2016 registered with Vanthali Police Station, District Junagadh for the offences punishable under Sections 377, 506(2) and 114 of the Indian Penal Code and Sections 4, 8 and 12 of POCSO Act.

(2.) Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State.

(3.) Learned Senior Advocate Mr. N.D. Nanavati with learned advocate Mr. P.P. Majmudar, appearing for the applicants submits that the applicants were ordered to be released on regular bail vide order dated 31.08.2016 passed in Criminal Misc. Application No. 16428 of 2016 by this Court. It is submitted that First Information Report being C.R. No.I-3/2016 came to be registered with Vanthali Police Station, District - Junagadh against the applicants for the alleged offences punishable under Sections 377, 506(2) and 114 of the Indian Penal Code and Sections 4, 8 and 12 of POCSO Act. It is submitted that pursuant to the aforesaid First Information Report, the applicants were arrested, and thereafter, regular bail application was allowed by this Court, and the applicants were ordered to be released on regular bail. It is also submitted that the applicants were granted bail by imposing certain conditions only after submission of the charge-sheet. One of the conditions was with respect to marking of presence before the concerned Police Station.