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CR.MA/14891/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14891 of 2011
=========================================
STATE
OF GUJARAT
Versus
DHYANSINH
RAJENDRASINH PARIHAR
=========================================Appearance
:
MR MG
NANAVATI, ADDL PUBLIC PROSECUTOR
for the Applicant
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 20/10/2011
ORAL
ORDER
1. Being
aggrieved and dissatisfied with the order dated 12.8.2011 passed by
the learned Additional Sessions Judge, Ahmedabad City in Criminal
Misc. Application No.2923 of 2011 whereby the respondent-accused was
granted regular bail in connection with offences punishable under
Sections 120(B), 302, 307, 328, 272, 273, 201, 217, 221, 109 and 114
of the Indian Penal Code read with Section 65(a) to (e), 66(1)(b),
67-1A, 68, 72, 75, 81 and 83 of the Bombay Prohibition Act, 1949, the
applicant-State of Gujarat has filed this Misc. Criminal Application
for cancellation of the bail granted to the respondents-accused under
Section 439 (2) of the Code of Criminal Procedure, 1973.
2. Heard
learned Additional Public Prosecutor Mr. Maulik G. Nanavati for the
applicant State.
3. I
have gone through order passed by the learned Judge, more
particularly, para 5 of the order. In my view, the discretion on the
point of parity exercised by the learned Sessions Judge appears to be
correct. For cancellation of bail, conduct subsequent to release on
bail and the supervening circumstances are relevant to be looked
into. To me, there appears no overwhelming circumstance which demands
cancellation of the bail order passed by the trial court.
4. This
Court is of the view that the learned Trial Judge has considered all
relevant parameters while granting regular bail to the respondent. On
behalf of the applicant, nothing has been indicated to show that the
respondent has, in any manner, misused the liberty granted to him. In
the circumstances, no case is made out for cancellation of the
regular bail granted to the respondent. The application, being devoid
of merits, is accordingly rejected at the stage of admission.
(G.B.
SHAH, J.)
omkar
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