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CR.MA/2530/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2530 of 2010
=========================================================
SHILPABEN
THAKKAR W/O BHAGWANDAS THAKKAR - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
SAMIR J DAVE for
Applicant(s) : 1,
MR RC KODEKAR, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 16/03/2010
ORAL
ORDER
The
applicant has preferred this application for cancellation of regular
bail granted to the respondent no.3-original accused vide order
dated 10th March 2010 passed by the learned Additional
Sessions Judge, 2nd Fast Track Court, Himmatnagar, Camp
at Idar, in Criminal Miscellaneous Application No.168 of 2010.
Against
the present respondent no.3-original accused, initially complaint
was filed on 12th February, 2010 for the offence
punishable under Section 354 of the Indian Penal Code registered
with Idar Police Station being CR No I-12 of 2010. Thereafter, by
order dated 03rd March 2010, the learned Principal Senior
Civil Judge and Judicial Magistrate First Class, Idar allowed the
application dated 25th February 2010 of the Police
Inspector, Idar Police Station and ordered the Investigating Officer
to add Sections 376 and 511 of the Indian Penal Code in the
complaint being CR No. I-12 of 2010, against the respondent
no.3-accused.
The
respondent no.3-accused was arrested on 13th February
2010 i.e. the date on which complaint was lodged and on the same
day, i.e. on 13th February 2010, the respondent
no.3-accused was released on regular bail. Subsequently, the
offences under Sections 376 and 511 of the Indian Penal Code were
added as per the order dated 03rd March 2010, the
respondent no.3-accused preferred an application under Section 438
of the Code of Criminal Procedure, 1973 before the learned District
Sessions Judge, Sabarkantha on 08th March 2010 being
Criminal Miscellaneous Application No.168 of 2010. The learned
Additional Sessions Judge, 2nd Fast Track Court,
Himmatnagar, Camp at Idar, allowed the said application of the
respondent no.3-accused and granted anticipatory bail to the
respondent no.3-accused.
Heard
Mr. Samir Dave, learned counsel for the applicant. He has contended
that the learned Judge has not considered the seriousness of the
offence committed by the respondent no.3-accused. He has also
contended that if the respondent no.3-accused is released on bail,
he is likely to directly or indirectly induce and threat the
applicant-original complainant. He has also contended that the
learned Judge has not considered the facts of the case and wrongly
granted bail to the respondent no.3-accused.
I
have gone through the papers produced before me and also gone
through the order passed by the Trial Court. Today Mr. Dave is
unable to convince this Court about the ground on which bail can be
cancelled.
In
view of above, in my opinion, the applicant has not produced any
satisfactory evidence to cancel the bail granted by the learned
Additional Sessions Judge, 2nd Fast Track Court,
Himmatnagar, Camp at Idar, to the respondent no.3-accused and,
therefore, no interference is required to be called for by this
Court. Prayer prayed for by the learned counsel for the applicant
Mr. Dave to permit him to move application for cancellation of bail
before the trial Court is granted. This application is dismissed
accordingly.
(Z.
K. Saiyed, J)
Anup
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