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CR.MA/680/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 680 of 2011
=========================================
KALPESH
ASHWINBHAI MEHTA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR SV RAJU SR.ADV. for SV
RAJU ASSOCIATES for Applicant(s) : 1,
MR JK SHAH, ADDL.PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 20/01/2011
ORAL
ORDER
1. Rule.
Learned APP Mr. J.K.Shah, waives service of rule on behalf of
respondent-State.
2. Counsel
for the petitioner pointed out that the petitioner original accused
No.2 was granted anticipatory bail by this Court by order dated
30.12.2010 passed in Criminal Misc. Application No.15498 of 2010. As
per one of the conditions of the anticipatory bail, he had to apply
for regularization of his bail. Learned Magistrate, further, by order
dated 17.1.2011 rejected his prayer for bail and simultaneously
issued non-bailable warrant. The petitioner has already approached
the Sessions Court against the order of the learned Magistrate to
regularize the bail. In the meantime, he prays for quashing of the
warrant.
3. In
the facts and circumstances of the case, when previously High
Court had granted anticipatory bail after consideration of all
aspects of the matter and when the revision of the petitioner against
the order of learned Magistrate rejecting the regularization of bail
is pending before the Sessions Court, order of issuance of the
warrant is set aside. Rule made absolute accordingly.
4. Direct
service permitted.
(Akil
Kureshi, J. )
sudhir
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