MAYANK KUMAR SHARMA S/O SHRI BHAGWAN SHARMA Vs. STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR AND ANOTHER

JUDGEMENT

(1.) Petitioner- complainant Mayank Kumar Sharma preferred this application for cancellation of bail under Section 439 (2) Cr.P.C. which was granted to respondent No. 2- accused Virendra Swami by the Police under Section 436 Cr.P.C. in FIR No. 48/2015 registered at Police Station Jawahar Circle, Jaipur City Jaipur for offences punishable under Sections 341, 323 and 504 I.P.C. against the impugned order dated 15.07.2015 passed by learned Additional Sessions Judge No. 6, Jaipur Metro in Criminal Misc. Cancellation of Bail Application No. 206/2015 whereby learned Additional Sessions Judge No. 6, Jaipur Metro dismissed the application for cancellation of bail submitted by State of Rajasthan.

(2.) The brief facts of the case are that petitioner-complainant submitted a report before SHO, Police Station Jawahar Circle, Jaipur on 15.01.2015 stating therein that:- ...[VERNACULAR TEXT OMITTED]...

(3.) On the aforesaid report, FIR No. 48/2015 was registered at Police Station Jawahar Circle, Jaipur (East) for offences punishable under sections 452, 323, 504, 341 and 307 IPC and investigation commenced. During investigation Investigating Officer Ms. Shalini Raj, ACP reached on the conclusion that only offence under Sections 323 and 341 I.P.C. is made out, treating the offence as bailable one respondent No. 2- accused was released on bail under Section 436 Cr.P.C. and bail bonds were attested on 31.01.2015. Thereafter, investigation was transferred to Additional DCP, Ramjivan Gupta who further investigated the matter and found that offence under Section 308 I.P.C. is made out and for that, arrest of accused is necessary, therefore, State of Rajasthan filed an application under Section 439 (2) Cr.P.C. before learned Additional Sessions Judge, Jaipur Metro, which was assigned to learned Additional Sessions Judge No. 6, Jaipur Metro, where it was registered as Criminal Misc. Bail Cancellation Application No. 206/2015 and the same was rejected vide impugned order dated 15.07.2015, against which petitioner/complainant preferred this bail cancellation application under Section 439 (2) Cr.P.C. before this Court.