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CR.MA/9979/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9979 of 2011
=================================================
NARENDRASINH
ALIAS FUJI DAYARAM YADAV - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
BHUNESH C RUPERA for Applicant(s) : 1,
MS ML SHAH APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 20/07/2011
ORAL
ORDER
Rule.
Learned APP, waives service of notice of Rule for respondent –
State.
This
application is filed by the applicant under Section 438 of the Code
of Criminal Procedure, 1973 in connection with CR No.I-50/2011
registered with Radhanpur Police Station for the offences punishable
under Sections 363, 366 & 114 of the Indian Penal Code.
Having
heard learned advocate for the applicant and learned APP for the
respondent – State of Gujarat, it appears that the learned 2nd
Additional Sessions Judge, Patan, has rejected the bail application
of the applicant by applying wring criteria for exercising
jurisdiction under section 438 of the Code. Now, it is held by the
Apex Court in the case of Siddharam Satlingappa Mhetre v.
State of Maharashtra & Ors. Reported in [2011]1 SCC 694,
wherein the Apex Court reiterated the law laid down by the
Constitutional Bench in the case of Shri Gurubaksh Singh
Sibbia & Ors. Reported in [1980]2 SCC 565,
and
held that section 438 of the Code is not extraordinary in the sence
that it should be invoked only
in exceptional or rare cases and a great ignominy, humiliation and
disgrace is attached to arrest.
In
view of the above, order dated 10.06.2011 passed by the 2nd
Additional Sessions Judge, Patan in Criminal, Misc. Application
No.220 of 2011 is hereby quashed and set aside and the learned Judge
is directed to decide the said application afresh within a period of
10 days from today taking into consideration the law laid down by
the Apex Court in the case of Siddharam
Satlingappa Mhetre [supra].
Accordingly,
this application stands disposed of. Rule is made absolute to the
aforesaid extent only.
Direct
service is permitted.
(ANANT
S. DAVE, J.)
*pvv
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