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CR.MA/6798/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6798 of 2010
=========================================================
KARANBHAI
RAMBHAI RATHOD - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SURESH G PATEL for
Applicant(s) : 1,MRRUSHABHRSHAH for Applicant(s) : 1,
MR HL JANI
Ld. APP for Respondent(s) : 1,
MR PRATIK B BAROT for Respondent(s)
: 2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 18/01/2011
ORAL
ORDER
The
applicant has filed this application under sec. 439(2) of CrPC for
cancellation of bail granted to the respondents vide order dated
19.5.2010 in Criminal Misc. Application No. 298/2010 by the learned
Addl. Sessions Judge, Junagadh.
Heard
Mr Rushabh Shah learned advocate for the applicant original
complainant. Mr. Shah has read the order passed by the learned Judge
and argued that the learned Judge has not considered the seriousness
of the offence and in view of the prima-facie evidence on record, in
such type of cases, no bail should be granted and, therefore, the
bail granted to the respondents requires to be cancelled.
Mr.
Pratik B Barot learned advocate for the respondents has argued that
the application filed for cancellation of bail granted to the main
accused, being Criminal Misc. Application No. 15919/2008 has been
dismissed by this Court vide order dated 22.1.2009 and, therefore,
this application also requires to be dismissed.
Having
considered the submissions of both the advocates and perused the
papers as well as the order passed by the learned Judge and the order
of this Court, I am of the opinion that the learned Judge has not
committed an error while granting bail to the respondents and
therefore, this application is dismissed. Rule is discharged.
(Z.K.
SAIYED, J)
mandora/
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