UMESHBHAI RAMJIBHAI PAVSIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor as well as Mr. Hardik A. Dave, learned advocate appearing for the respondent Nos.2 and 3 waive service of rule on behalf of respective respondents.

(2.) By way of the present application under Section 439 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') , the applicant original complainant has challenged the judgment and order dated 5.9.2017 passed by learned Sessions Judge, Surat in Criminal Misc. Application No.6635 of 2017 by which the respondents have been enlarged on bail for the offences punishable under Sections 307, 326, 323, 325, 452, 143, 147, 148, 149, 504 and 506 (2) of Indian Penal Code as well as under Section 135 of the Gujarat Police Act registered with Umra Police Station at C.R. No. I - 216 of 2017, mainly on the ground that the learned Sessions Judge has grossly committed irregularities in dealing with an application filed by the accused under Section 439 of the Code, particularly when the accused have alleged to have committed the offences punishable upto imprisonment for life.

(3.) Pursuant to the notice issued by this Court, the respondents have appeared through learned advocate Mr Hardik A. Dave and opposed the reliefs as prayed for by the applicant original complainant.