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CR.MA/2320/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2320 of 2010
=========================================================
RAJU
ABDULLA KHATIIK - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SIKANDER SAIYED for
Applicant(s) : 1,
MR AJ DESAI, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 11/03/2010
ORAL
ORDER
The
applicant has filed this application for cancellation of bail,
granted to the respondent no.2-accused, against the order dated 16th
February 2010 passed by the learned Additional District and Sessions
Judge, Surat, in Criminal Miscellaneous Application No.35 of 2010.
Originally
complaint was filed against the respondent no.2-accused for the
offences punishable under Sections 498(a), 304(2), 306 and 114 of
the Indian Penal Code.
Heard
Mr. Sikandar Saiyed, learned counsel for the applicant. He has
contended that the respondent no.2-original accused no.4 was main
instigator in this case. The learned Judge has not properly
considered the merits of the case and the order of granting bail is
required to be quashed and set aside.
I
have gone through the papers produced before me and also gone
through the order passed by the Trial Court. The
respondent no.2-original accused no.4 has just cited as instigator.
Today Mr. Sikandar is unable to convince this Court that under which
circumstances bail can be cancelled.
In
view of above, in my opinion, the learned Additional District and
Sessions Judge, Surat, has not committed any error in granting bail
to the respondent-accused and no interference is required to be
called for by this Court. Accordingly, this application is
dismissed.
(Z.
K. Saiyed, J)
Anup
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