STATE OF GUJARAT Vs. M N DINESH

JUDGEMENT

(1.) IN this application, which is preferred by the State of Gujarat under Sec. 439 (2) of the Code of Criminal Procedure, 1973, learned judge (Coram : D. H. Waghela, J.) vide order dated 29-10-2007 issued Rule making it returnable on 2nd November, 2007. On 18th December, 2007, when another cognate matter being Misc. Criminal Application No. 12646 of 2007 of co-accused was listed for hearing, order dated 12-12-2007 passed by the Apex court in Contempt Petition (Cri.) No. 8 of 2007 in Writ Petition (Cri.) No. 6 of 2007 was brought to the notice of this Court by the learned Counsel appearing for the parties where reference was made to Misc. Criminal Application Nos. 12646 and 12644 of 2007 pending before this Court, the hearing of which was fixed on 18th and 20th December, 2007 respectively. Accordingly, on 18th december, 2007, oral order came to be passed in Misc. Criminal Application no. 12646 of 2007 by this Court by directing the Registry to list both the above cases together on 20th December, 2007, since this case was not on the board tor hearing on 18-12-2007.

(2.) THIS application under Sec. 439 (2) of the Criminal Procedure Code is filed by the State of Gujarat through the Investigating Officer, C. I. D. (Crime), gandhinagar for cancellation of bail granted to respondent vide order dated 5-10-2007 passed by the learned Additional City and Sessions Judge, Ahmedabad in Misc. Criminal Application No. 3459 of 2007 qua F. I. R. being C. R. No. 1 5 of 2005 registered with A. T. S. Police Station for the offences punishable under Secs. 302, 364, 365, 368, 193, 197, 201, 120b, 420, 342 and 34 of the Indian Penal Code and under Secs. 25 (l) (b) (a) and 27 of the Arms Act.

(3.) THIS application for cancellation of bail has genesis in F. I. R. being C. R. No. I 5 of 2005 filed by one Abdul Rehman, a Police Officer, subordinate to the respondent and now an accused, who was a member of the Special investigating Party formed at Udaipur, Rajasthan to investigate into various offences registered against one Sohrabuddin. As per the above F. I. R. , one sohrabuddin, son of Anwaruddin Shaikh, resident of Zaraniya, Nagda, Madhya pradesh, who was accused of offences punishable under Secs. 120b, 121, 121a, 122, 123, 307, 186, 224 of the Indian Penal Code, under Sec. 25 (l) (b) and sec. 27a of the Arms Act and under Sec. 135 (1) of the Bombay Police Act. In the above F. I. R. , it is alleged that the above accused (Sohrabuddin) was acting at the behest of I. S. I, to spread the terror and to disturb the unity and integrity of the country and also entered into conspiracy by possessing arms and ammunition so as to kill one of the big leaders of the State of Gujarat and when asked to surrender by the police party, fired from his revolver and attempted to kill them.